Monday, September 5, 2011

Corporations and CEOs Versus Labor? Who Do Politicians Serve?

"And the Laborer is worthy of his hire"
King James Bible, New testament, 1 Timothy, 5:18

In the United States, and in other countries, there has been a growing gap, to the point of becoming a vast chasm, between a few extremely wealthy individuals, and the rest - the majority - of citizens who are in the demographic of middle class or below.  The problem is more severe in the U.S. than in most other comparably developed countries.

CEOs are just one group of those who are unfairly benefiting from a redistribution of wealth from the many to the few.  The policies, including tax policies, advocated by the right wing, conservatives, the GOP and Tea Party, which in turn impacts our national debt and deficit.  (The following article is indented; enlarged type and bold type are my additions for emphasis, along with full-width commentary.)
From the Star Tribune:
Ameriprise CEO's cut is bigger than Uncle Sam's
Article by: JENNIFER BJORHUS , Star Tribune Updated: September 1, 2011 - 9:09 AM
Ameriprise named one of 25 firms whose CEO pay topped its corporate income tax payment.
Ameriprise CEO Jim Cracchiolo made $16.3 million, while the firm got back $224 million in U.S. income taxes.
Ameriprise Financial paid chief executive James Cracchiolo more last year than it paid Uncle Sam in corporate income taxes.
Despite recording nearly $1.1 billion in profits last year, Ameriprise actually got back $224 million in federal income taxes, according to a study out Wednesday from the Institute for Policy Studies, a Washington think tank focused on social justice issues and executive compensation.
That made it one of 25 companies, including such household names as Coca-Cola, Ford, Honeywell and eBay, that paid their CEOs more than they paid the federal government last year, according to the "Executive Excess 2011" report.
Minneapolis-based Ameriprise Financial, where Cracchiolo made $16.3 million last year, is the only Minnesota company on the list.
The 25 companies reported average global profits of $1.9 billion last year. But through a variety of accounting techniques, tax breaks and loopholes they managed to shave millions off their actual tax payments, and in many cases got money back from the Internal Revenue Service, the report said. They averaged tax refunds or credits of about $300 million each.
"The low IRS bills these companies faced reflected tax avoidance pure and simple," the report said.
At the top of the report's list, ranked by total CEO compensation, is New Britain, Conn.-based Stanley Black & Decker. CEO John Lundgren recorded total compensation of $32.6 million last year, while the company got a federal corporate income tax credit of $75 million.
Also on the list: General Electric Co. CEO Jeff Immelt's compensation package last year totaled $15.2 million. The company, which had global profits of $11.6 billion, scored a tax credit of nearly $3.3 billion.
Ameriprise Financial spokesman Ben Pratt said the company doesn't dispute the report's numbers. But he called the $224 million tax refund "very misleading" because it doesn't reflect the company's entire tax picture. The company set aside a total provision for taxes of $334 million last year, he said, and is following generally accepted accounting principles and U.S. tax law.
"Ameriprise pays its fair share of taxes," Pratt said. 
What spokesperson Pratt calls a fair share of taxes is undoubtedly reflecting payment of the taxes legally required of them.  Whether this is a FAIR share of taxes however, is far from the case, not only in my opinion but in the opinion of experts.  We have huge loopholes, which unfairly favor corporations.  Those corporations in turn are accumulating and consolidating huge reserves of cash, and a far larger share of those reserves and of their corporate income is now going into the pockets of executives than had previously been the case.  At the same time, the lower echelons of employees are receiving less compensation, and being asked to pay for more of their expenses, particularly in the area of health insurance and retirement funds.  Middle class workers, particularly union workers including those in the manufacturing and public sectors are being targeted.  Studies like this from 2005, document that dramatic increase in executive compensation, out of all proportion to actual job performance.  The trends noted in 2005 have continued, and in some instances become even more extreme.

For example, from the 2005 study (NOT the STrib article):
  • At the 350 largest public companies, the average CEO compensation is $9.2 million.  Compensation for oil and gas execs increased by 109% between 2003 and 2004. 
  • In 2004, the average CEO received 240 times more than the compensation earned by the average worker.  In 2002, the ratio was 145 to 1. 
  • These levels of compensation are not the norm for the industrialized world. Typically, CEO pay in other industrialized countries is only about one-third of what American CEOs make. 
  • Highly compensated CEOs are not being rewarded for performance with the shareholders in mind, the 'textbook' explanation of CEO compensation, according to an extensive body of research and reporting. 
Similarly programs like Social Security, with the lifting of caps, would similarly remove any deficiencies in future funding of the program, as is, without any measures which could reduce payments to recipients. EVER.

Despite that an overwhelming majority of voters - often polls show in the upper 70% to 80% range - support taxing the wealthiest, who usually pay an effective tax rate far lower than the rest of us. However the right refuses to allow any progress on either increases in revenues through allowing the Bush Tax cuts, which disproportionately benefited that upper narrow percentage of wealthiest people, which would go a long way towards balancing our budget, and which is responsible for more than half of our deficit.

These are the so-called 'job creators', who don't in fact create jobs.  There is absolutely no factual evidence which supports that giving the wealthy even more money has lead or will lead to creation of jobs.  What creates jobs is an increase in demand.  What increases demand is for the largest possible number of consumers to want to purchase either goods or services (preferably both).
The STrib article continues:
Pratt forwarded a note about the report issued by the Center on Executive Compensation in Washington, D.C. The industry-backed lobbying group called the report "salacious."
Shareholders expect companies to minimize their taxes within the bounds of the law, the group said. It also said the report leaves out a variety of other taxes companies pay, such as those paid to state and foreign governments, and deferred taxes.
Scott Klinger, one of the study's authors at IPS, said Ameriprise Financial's response is typical. Companies prefer to discuss their total tax provisions, which include future deferred tax liabilities they may or may not pay, as opposed to what actually goes out of their pockets to the IRS in a given year.
"We're interested in what they actually paid this year," Klinger said, "not the taxes they may potentially pay in the future."
Budget debate
While it's well known that U.S. corporations employ elaborate tax strategies to lower their obligations, the study comes amid heightened concern over the practices.
Corporate taxes have been part of the hyper-charged debate over how to lower the country's deficit -- taxes and/or revenue. Tax reform is expected to be a major issue for the new super committee charged with cutting the deficit, although it's not clear the panel will tackle closing corporate tax loopholes. 
Closing loopholes, which benefit corporations and CEOs and other executives, along with subsidies, is another area that the right refuses to discuss, and refuses to support.  It is another way in which the right makes the rich richer, and the rest of us poorer.
On another front, heavyweight U.S. corporations such as Google and Pfizer are backing a tax holiday bill called the Freedom to Invest Act of 2011 that would enable them to repatriate profits they've parked overseas at a greatly reduced U.S. tax rate.
"There's a tremendous amount of interest in re-examining the corporate income tax today," said Edward D. Kleinbard, a professor at the University of Southern California and former chief of staff for the congressional Joint Committee on Taxation.
Kleinbard said there are basic flaws in the corporate tax system: It doesn't cover enough types of companies, the tax rate is too high relative to the rest of the world and U.S. multinational corporations have become extremely adept at shifting income so it is taxed nowhere, which Kleinbard calls "stateless income."

 Some of the companies' reduced tax liabilities in the report can be explained by the fact that companies that lose money take losses from one year and apply them to other years to reduce tax liabilities, common accounting techniques known as loss carryforwards and loss carrybacks, Kleinbard noted. Losing money isn't a tax strategy, he noted.
Klinger, at IPS, said losses are "a piece of the story" but hardly the sole reason some companies pay so little in taxes.
Kleinbard and others said that executive compensation and corporate income tax are separate issues. 
While they may be 'separate' issues, they are also so closely related as to be the two separate sides of the same coin.
The amount companies get to deduct for executive compensation is "chicken feed" for corporations of this size, said Dan Schermer, a tax lawyer in Minneapolis who used to work for the Justice Department prosecuting tax evasion cases.
"All these tax breaks, all they do is erode the tax base," Schermer said. "A million-dollar tax credit is the same as a million dollar expenditure straight from the Treasury.
"The real scandal is Congress allowing it in the first place."
FULL TEXT: The full report can be read on the IPS website
Seems like someone has forgotten 'The laborer is worthy of his hire", not just the CEOs and the wealthy few.  The 2012 elections would be the perfect occasion for a reminder - if not sooner.

10 comments:

  1. I was discussing the president's forthcoming 2012 election strategy with a few people several weeks ago. We all agreed that it could go one of two ways:

    a.) Congress looks at its 12% approval rating, stops letting the ruling class crack the whip on the country (under the guise of "fiscal morality"), and everyone can run a relatively positive if feisty campaign; or...

    b.) The president is forced into repeating Harry Truman's 1948 campaign strategy.

    Today President Obama quoted President Truman's 1948 Labor Day speech. It did not take a genius to see this coming. He is warning Congress that he is willing to fight hard and bloody a lot of noses next year if he has to. He will give a jobs speech later this week. Based on the GOP response to it between now and the first of the year, we will have our answer regarding which kind of campaign he will run.

    Our system of government is amongst the best in the world ONLY IF nearly everyone agrees to find common ground where at first disparities of opinion, large or small, exist. Not giving a single inch on major legislation due to rigid ideology is childish, embarrassing, and a recipe for gridlock because it ignores, abuses, and sticks the proverbial middle finger in the face of the original intention behind our various checks-and-balances--which was and remains in large part to force compromise, as well as to make sure that no area of government wields too much power. Given the petulant manner in which Congress has behaved up to this point, I predict we will see campaign "b" from the president. I hope not, but things are looking that way at present. If he employs this strategy, I will not for a moment blame him for "going negative."

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  2. Great research Penigma. The concept of richly rewarding the smartest people who are the only ones that can supposedly bring in the business and squash the competition is pervasive throughout our society. It has certainly permeated the University of California. High salaries for administration and executives are the norm for non-profits. Yet the republican watchdogs are fond of trying to kill publicly funded pensions. (The privately funded ones are already gone.) They are fond of pointing out departments with a heavy load of highly salaried positions, such as CalTrans or California state prisons, as if they truly are the party of the hard-working American people. The hypocrisy is mind-boggling.

    I enjoyed your post about Mike Rowe's Discovery Channel show as well. Ironically, and you have probably noticed, Goldman Sachs has a lovely little series of advertisements with which they preface the CBS report. I guess they're all about funding investmensts, putting money in the hands of job creating businesses, getting America going again, etc. The first one I saw ended with a young boy learning how to play the trombone. Yay Goldman Sachs! Wall Street meets Main Street in perfect harmony.

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  3. Thank you Flying Junior, (but I was the author - Dog Gone - not my co-blogger Pen for whom the blog is named).

    We both write here, and occasionally we both collaborate on the writing of a post.

    But regardless of which of us, or both of us, did the post, it's nice you are enjoying our work here.

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  4. While it may be alarming that a CEO’s pay may be more than his company’s tax payment, there is another question that should be asked : Is the tax payment equitable ?

    For example, giant corporations already manage to pay little in taxes, so how can smaller and midsize corporations compete better with the big guys ? (and who will create more jobs ? IMO, the start-up will create new jobs … while established businesses will look to offshore manufacturing, design, banking, etc.)
    So, taxes on business is not equitable.
    Oh, and by-the-way, watch out for HR 1834, the Freedom to Invest Act which is being touted by Eric Cantor for its tax repatriation proposal … meaning a tax holiday for corporations that have sent production overseas only to sell products in the states.

    Now, worse yet, look at the CEO’s pay versus the worker’s pay. Sure they will both pay income tax on wages earned … but the FICA Tax has a cap on it, so the highly paid worker takes a little more home. That is not really the biggest factor … the CEO compensation package probably includes rights to buy stock at a predetermined price … big gain potential there … and that stock will be taxed at the lower capital gains rate (which Mitt Romney and other Republicans want to cut further.) The CEO probably also has other benefits paid by the Corporation like life insurance, transportation, even club memberships … and remember who gets the seats at the big sporting events.
    Lastly, I wonder how much the CEO at Ameriprise pay is derived from hedge fund activities … hedge fund managers pay is predominately taxed at the lower capital gains rate.

    Face it … they win.

    Lastly, I really liked the comment by HASSLINGTON.

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  5. I'm hoping we have something new from Hass on a regular basis....hint! hint!

    I would point out to you Mac, that I did address whether tax payments were fair, not simply legal:
    " Whether this is a FAIR share of taxes however, is far from the case, not only in my opinion but in the opinion of experts."

    Excellent comment overall, as always! Thanks!

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  6. All of these guys say one thing and do another. Warren Buffett says the rich do not pay enough taxes and yet Berkshire-Hathaway(he is majority shareholder at 31%) has been fighting the IRS since 2002 to get out of paying 1 billion dollars their own accountants say they owe. The head of the US Chamber of Commerce complains about unemployment and yet if each of its 3 million members hire one new permanent employee the unemployment rate would be under 3%.

    Our tax laws as a whole need an overhaul. Cut the corporate rates to about what they are in the countries we compete with and do away with the loopholes. Right now we have a 35% rate with so many loopholes most companies pay half that or less. Cut it to 20% and do away with the loopholes. Overall everyone would win. The government would collect more money, companies would probably come out ahead as they would spend less on lawyers and accountants to get their taxes down to 20%. Same with the personal taxes. Cut the rate a bit and do away with loopholes. Make it simple. There will still be enough people who try to cheat to keep the tax lawyers employed. As far as the cap on SS taxes is there a cap on payments also? I think the cap is currently the first 120k of income and if so does everyone in the 120k and up draw the same payment when they start getting checks? If you pay more in you should draw more out and the people who would be paying more past the 120k probably do not need to draw more out.

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  7. Do you have some verification for your statement, Tuck, or is this a claim made by Fox Fraudcasting?

    I've found MSNBC to be pretty good about making corrections and being responsive to verification and/or any criticism.

    I can't say that is true for Fox.

    So, please provide some documentation for your statements.

    I watch msnbc periodically, but I also watch a lot of other sources, and I didn't catch this instance re Perry that you describe.

    Like Bachmann, Perry's track record with facts isn't doing so well; he's routinely not factual.

    So, Tuck, please provide your sources that verify that Buffet's corporation owes what is claimed, and please provide a link showing that MSNBC deceptively edited a clip.....preferably with the video of msnbc.com doing so, and the orginal unedited clip.

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  8. http://blog.pappastax.com/index.php/2011/08/26/buffetts-berkshire-hathaway-is-disputing-irs-tax-assessment/

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  9. You had me confused for a minute, you replied to two of my replies on two different posts with one reply in one of them. I thought for a second you had accidentally posted in the wrong post. Anyway it was on the Ed show and MSNBC said there was enough context for viewers to figure it out but that Ed was out of line with his commentary. Here is a link to one of the pages that shows the editted version and the uneditted version. Actually I guess both are editted since neither show the entire speech just one cuts the audio mid sentence and makes Perry look bad and the other lets him finish the sentence.
    http://www.mediaite.com/tv/rick-perry-big-black-cloud-quote-taken-out-of-context-by-msnbc-and-abc-news/

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  10. Sorry Tuck! I sometimes reply to comments by taking them off the published comment function of blogger rather than from the post. I'll try to be more careful.

    However, one instance of editing on the Ed show is quite different than repeated instances of it throughout the day on Faux Fraudcasting, over and over and over, which routinely occurs.

    I've seen Ed Schultz correct himself fairly often if he makes an error, as do other MSNBC commenters and news staff; similar corrections are pretty well non-existant on Faux Fraudcasting, while thie incidence of factually inaccurate reporting is far higher.

    This is far from ana pples to apples comparison you were making, but rather the exception which proves the rule.

    Did you happen to 1. check out the source of the video that the Ed show used? (they could have unintentionally used video edited by some other news source, rather than edited themselves)

    and 2. did you follow up to see if they corrected the error, or contact them to register a complaint about it, so they could respond?

    If not, then, again, I would challenge how fair this criticism is.

    Faux Fraducasting is notorious for this kind of thing; while Ed Schultz may be occasionally over the top, but is significantly more assiduous about accuracy and corrections. The other right wing media sources, like Rush Limbaugh, are even WORSE than Faux Nuisssance Fraudcasting. We are talking here about a broad pattern of apparently deliberate, calculated, intentional errors and omissions which amount to propaganda and disinformation.

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