IBM Tells Inquiry Tax Office Is Very Happy With Us

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IBM Australia says it pays below the 30 per cent company tax rate, but that the Tax Office is happy with the taxes it pays.
Despite previous ATO reviews into its tax affairs, its submission to the Senate inquiry into corporate tax avoidance,said it was now considered a “low risk taxpayer” and there have been “no adverse findings” by the agency against it.
Over the income years 2010 to 2014 IBM Australia has had an average effective tax rate of 27 per cent. In 2013 the company reported a profit of $233 million on revenue of $4.12 billion.

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It notes that during 2008 and 2011 the ATO conducted two reviews of IBM Australia’s income tax affairs. These were for income years between 2005 and 2011 and “involved detailed examinations of IBM Australia’s tax affairs including its related party dealings”.
The ATO concluded that IBM Australia was properly meeting its Australian tax obligations and the reviews did not result in any adjustments to IBM Australia’s tax liability,” it said.
IBM – like many other corporates have in their submissions to the inquiry – also raved about having “received favourable ‘key taxpayer’ risk rating” from the ATO.
The agency using a risk rating system to determine who it chases every year and as Fairfax Media recently reported, there’s just one taxpayer in the nation that is now labelled “higher risk”.
Some submissions to the inquiry have questioned the accuracy of this rating system in addressing tax avoidance.
Former ATO officer Martin Lock suggests in his submission that “contrary to ATO claims, a decline in the number of disputes with large companies and multinationals is unlikely to mean the tax law has been made any clearer through ATO publications or that more taxpayers are now doing the right thing. Rather, it is more likely to mean that the ATO is not identifying or challenging as many contentious claims as before.”
He says the model, which has been in operation since 2010, relies on tax disclosures, not non-disclosures, and “mostly ignores qualitative intelligence concerning the entity’s business affairs”.
“A tax return won’t for example, disclose whether the valuations the entity uses for its thin capitalisation, transfer pricing or capital gains tax calculations are contestable – and whether a greater amount of tax is therefore payable as a result,” Mr Lock said.
It also did not account for areas classified as “other” on tax returns, which Lock says are arguably interest or royalties by definition and potentially subject to withholding tax.
Mr Lock said even if tax return analysis discloses a potentially contentious grey law issue, the tight risk review timelines imposed on compliance staff, and the a fight by the company against their rating, will likely fend off further investigation.
A company’s risk rating is usually identified in a latter to company bosses. IBM divulges what Tax Office wrote to it, including that, ‘your commitment to a cooperative compliance relationship is one we seek to have with all large business. The cooperative nature of our relationship helps to limit the consequence and impact on your business and the tax system of any potential risks that may arise’.
The company has also entered into a tax deal with the ATO – known in tax circles as an Advanced Pricing Agreement (APA) – which is a deal on how much tax is paid in future years.
The Tax Office submission to the inquiry says the use of APAs and private rulings is on the rise.
The number of private ruling requests from companies has increased by 30 per cent since 2011 and the number of Advance Pricing Arrangements (APAs) in place has increased by 12 per cent over the past three years.
Last year the Tax Office rejected six APA applications from corporates. It comes as pressure mounts on the Abbott government to hunt down multinationals lowering their tax bills.
This news story is reprinted from www.smh.com.au
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