Sunday, September 05, 2010

Playing with taxes...

As shown in Oracle 10K FY10, Oracle is still decreasing its overall Tax Income provisions going from 2313 M$ in FY08, 2241 in FY09, to 2108 M$ in FY10.
In the same period, the operating income jumped from 7844 to 9062 M$ !

Despite multiple litigations on this subject, Oracle managed again an incredible performance in tax savings.

The word "Tax" is written more than 300 times in the document. It is showing the impressive amount of energy invested in Tax optimisations. Tense negociations are held worldwide with various Tax autorities, and Oracle systems, Offshore Islands screens are definitly not making the game easier for local gouvernement control.

A few quotes :

[...]our ability to repatriate funds held by our foreign subsidiaries to the United States at favorable tax

Changes in tax laws or tax rulings may have a significantly adverse impact on our effective tax rate. For
example, proposals for fundamental U.S. international tax reform, such as certain proposals by President Obama’s Administration, if enacted, could have a significant adverse impact on our effective tax rate.

[...] We previously negotiated three successive unilateral Advance Pricing Agreements with the IRS that cover many of our intercompany transfer pricing issues and preclude the IRS from making a transfer pricing adjustment within the scope of the agreements. These agreements are effective for fiscal years through May 31, 2006. We have submitted to the IRS a request for another renewal of this Advance Pricing Agreement for the years ending May 31, 2007 through May 31, 2011. However, these agreements do not cover all elements of our transfer pricing and do not bind tax authorities outside the United States.

This month, Oracle France will have to pay tens of million Euros in settlement of a dispute with the French Tax ministry. Always the question of transfer prices.
Ten Million Euros will also benefit Oracle French Employees, through a mandatory rule called "Employee Participation".
A small victory on the very very long road for more progressive and equitable taxation - who needs to be cared about : simple citizens, small companies, or huge corporations ?

To be continued - Tax Justice Network.

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