More on GE and Taxes

March 28, 2011

Fortune’s senior editor-at-large Allan Sloan points out how the New York Times has changed its position on GE and taxes.

We would also like to clarify a few things that have been written and said recently about GE’s effective tax rate.

Claim: GE paid no taxes in 2010.
Fact: GE did pay almost $2.7 billion in cash income taxes in 2010 on a consolidated basis (almost 19% of pretax income from continuing operations) globally, including significant U.S. federal income tax payments. GE also paid in excess of $1 billion in payroll, state and local sales and use and property taxes.

Claim: GE “dodges” tax obligations generally.
Fact: Over the past 10 years, GE has paid almost $23 billion of corporate income taxes to governments around the world, making it one of the highest payers of corporate income taxes. Over the past five years alone, GE has paid over $14 billion of income taxes.

Claim: GE used “tax avoidance strategies” to reduce its tax rate the past few years.
Fact: GE’s tax rate has been lower in recent years due to financial crisis losses at GE Capital. From 2008-2010, GE Capital suffered nearly $32 billion in losses as a result of the financial crisis. That’s not a “tax avoidance strategy.” Absent such unusual losses, GE’s overall effective tax rate would have been 15 percent over the past several years, which is comparable to the average for other multinational corporations. Our 2011 tax rate is slated to return to more normal levels with GE Capital’s recovery.

Claim: GE received a $3.2 billion refund or rebate on its 2010 taxes (alternately described as GE “made” $3.2 billion or U.S. taxpayers “paid” GE $3.2 billion).
Fact: This is not true. GE received no rebate or refund or payment from the government on its 2010 taxes.

The tax benefit it received is a book accounting concept and resulted from reversal of accruals for prior year taxes as a result of audit settlements with the IRS and revisions of estimates for prior-year returns. So this benefit is an accounting concept related to prior years, not a refund of taxes from the IRS for 2010. In addition, much of this benefit is offset by higher future tax liabilities over time — accounted for as deferred tax liabilities as reflected in our financial statements

Claim: GE has dramatically reduced U.S. employment over the past decade.
Fact: GE’s US employment has increased from 2001 to 2010, excluding dispositions. Those jobs weren’t cut; they moved to other companies.

Claim: GE and other U.S. companies use overseas tax “shelters” to avoid paying their fair share of U.S. taxes.
Fact: The United States is virtually the only major industrialized country that taxes overseas earnings of companies. GE and many other companies — and, for that matter, Congress and administrations over many decades — have supported deferral of tax on foreign earnings for all companies. Doing so makes U.S. companies more competitive globally. This is not a “shelter,” it is good policy. (Learn more in this presentation from the Business Roundtable and in other information provided by the Roundtable.)

Claim: GE used charitable contributions to “horse trade” for legislative relief on taxes.
Fact: This is completely false. A recent New York Times story pointed to a 2008 donation to New York City schools. The GE Foundation independently determines public-education-related donations. Like other public education Foundation donations to cities in which GE is located, this grant was based on the percentage of students who receive free or subsidized lunches. In fact, as GE told the Times (although the Times failed to report it), former U.S. Rep. Charles Rangel introduced legislation after the GE Foundation’s donation was announced that was directly contrary to GE’s position and which GE opposed. This was the sixth grant under GE’s $150 million+ Developing Futures in Education program in major GE cities, including Louisville, KY;  Cincinnati, OH; Stamford, CT; Erie, PA; Atlanta, GA; New York City; and recently, Milwaukee, WI.

* See what one securities analyst has to say about GE taxes
* See our previous response to The New York Times story about GE and Taxes


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  • Jacob

    Claim: GE paid no taxes in 2010.
    Fact: GE did pay almost $2.7 billion in cash income taxes in 2010 on a consolidated basis (almost 19% of pretax income from continuing operations) globally, including significant U.S. federal income tax payments.

    Question: What fraction of the 2.7 billion in cash income taxes was paid in the United States? The claim that this Fact addresses is that GE paid no taxes but the claim I heard on 60 minues and in the WSJ was that GE paid no American Corporate Income Tax in 2010.

  • Bob

    Thanks for clearing this up!

  • Patrick

    Why do you benchmark about global multinationals, as opposed to the statutory rate? Does GE consider the amount of cash US income tax paid to be a trade secret?
    What specific strategies has GE used for its tax planning? Does GE lobby the US gov’t in regards to any of these strategies? How much has GE spent on lobbying in regards to tax policy, and who has it lobbied?

  • billyray

    These are pathetic answers that distort every claim made. GE is gaming the polticial system, and offshoring everything it can, plus laundering profits and “losses”.

    On the other hand the US Corp rate of 35% is insane. But GE supports the liberals who believe in these high rates, when offerred to buddies with their cozy loopholes, so we can’t fix it.

    Then we get stuck with AMT taxes and no way to write off losses like if you lose your house and are bankrupt.

  • Paul Orlando

    One cannot help but wonder what role GEs cozy connection to the White House played in their ability to skirt US taxes. I am not drawing a direct connection, and I’m certain that other multinationals also were able to short change Uncle Sam, but it probably doesn’t hurt to know Uncle Sam either. I wish that someone would publish a study of what companies paid what amount and what percentage of gross profit that the payment may have been.

  • Patrick

    You guys stink. Really sad and pathetic. When it’s boasting to the investment community, Anne Eisele says that GE didn’t pay income taxes. When speaking to the real community, the people you live with and make money from, it’s GE made “significant U.S. federal income tax payments”. Make up your mind and live with who you are, good or bad.

  • Andy

    If GE broke the law, they’re bad. If they simply took advantage of existing tax laws, they’re smart.

    If the tax laws are poorly written, blame the people who write the tax laws. They’re in Washington, D.C.

  • Ed

    GE does what every company and every family does. It minimizes its taxes within the confines of the tax code.

    There’s nothing shady about that!

    As a shareholder, I’m glad they take advantage of tax breaks whenever possible. Anything less would be irresponsible to their shareholders.

  • Mike

    Please don’t be so naive as to think that tax laws are written uninfluenced by corporate lobbyists! Yes, they are working within the tax laws that they helped conceive and lobbied lawmakers to accept! Naturally shareholders would approve– whatever maximizes profits can’t be bad!

  • Ed

    To Mike:

    Well of course GE lobbies for breaks that benefit the company!!

    Can you name a major company, profession or association that doesn’t?

    It’s ridiculous to single out GE!

  • Tom

    Wow, it’s a good thing that a corporate website doesn’t edit comments, otherwise these wouldn’t be universally praising GE!

  • Andres

    Andy? If an obviously poor man, compared to you, walks in front of you on the sidewalk and you see his wallet fall through the hole in his pants, do you consider it ‘smart’ to pick up the the wallet and walk away?

    http://www.democracynow.org/2011/4/14/its_a_hoax_ge_does_not

  • Mark

    Boycott GE

  • Andrea

    Mark I agree with you. What a load of bull they speak. BOYCOTT GE.

  • Mark Staudte

    This is all nice PR, but wghere are your records?

  • Bob

    Figures lie and Liars figure.

  • Stella

    I would really like to see the tax returns for GE rather that the public financial statements. The IRS has different rules than auditing companies that prepare the annual reports for the public. It’s difficult to know if GE is telling the truth about their taxes unless they show us the actual tax return forms. Why not GE?

  • chalket

    GE paid ZERO in U.S. Federal Income Tax. GE currently has 188 full-time paid lobbyists. They spend tremendous amounts to influence our government, over $26 million in 2009 and 2011, and nearly $40 million in 2010. It looks to me like they’ve gotten their money’s worth!

    http://www.opensecrets.org/lobby/clientsum.php?id=D000000125

  • chalket

    Unfortunately, that is no longer true… many laws are now written by the corporate world for the corporate world, then funneled into Congress through groups like ALEC. Technically, their actions are legal, but only by shaping the law to fit their actions, not changing their actions to fit the law.

  • chalket

    It is shady when you have the money and power (cabinet positions) to shape the tax code to your benefit. In the mid 50s, corporate income tax made up nearly 1/3 of all federal revenue, now it is around 9%. Creating your own tax breaks might be skillful lobbying and smart accounting, but it certainly isn’t patriotic. Taking advantage of tax breaks to this degree is really taking advantage of the American people.

  • chalket

    Why is it ridiculous? The best should be singled out, and GE is the best at externalizing costs to the American public.

  • http://www.nosocialism.com/ NoSocialism.com

    Here’s an easier solution. Simplify the tax code and instead have a flat 15% tax on all corporations, instead of this rigmarole they call a tax code that tops out at 45%, but with all the deductions ends up working out to around 15% for most Multinationals. This way EVERYONE is one an even keel and equal footing. Now small AND large companies can compete on Price, Service and Opportunities, instead of trying to fit it into the Tax Code.