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Consumer Activist Accuses Microsoft Of Avoiding Taxes,
by Mike Godfrey, Tax-News.com, Washington
08 January 2002
Celebrated consumer activist
Ralph Nader has accused technology behemoth Microsoft Corp of illegally avoiding
taxes, according to a report in the Wall Street Journal on Monday.
The WSJ report states that
Mr Nader and James Love, who is the director of Nader's Consumer Project on
Technology, sent a letter to Microsoft Chairman Bill Gates on Friday, detailing
the 'inappropriate and we believe unlawful device' being used to avoid taxes.
According to Messrs Nader
and Love, the company's practice of not paying shareholder dividends allows
the larger shareholders to pay taxes at a greatly reduced rate - were they to
receive dividends they would likely be taxed at around 39%, whereas stock related
gains on the sale of shares are subject to the much lower capital gains tax.
The Consumer Project on
Technology believes that Microsoft should be subject to a relatively unknown
section of the federal tax code known as the accumulated earnings tax, which
is designed to prevent companies from hoarding excess cash in order to help
their shareholders avoid taxes on dividend payments.
'It's a tax avoidance scheme
for the big shareholders,' Mr Nader told the WSJ in a recent interview. 'This
thing is out of control. Has any company in history ever accumulated so much
cash?'
Microsoft has responded
to the accusations, arguing that it 'works hard to comply with US Federal income
tax rules', and that the tax code 'recognizes the need for companies to retain
cash to fund their businesses, and [that] high tech companies commonly maintain
significant cash balances to support their business objectives.'
According to the Wall Street
Journal, it is thought to be very unlikely that the software giant will ever
face the accumulated earnings tax, as the provisions are usually applied to
closely held companies.
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