Tuesday, 2 November 2010

Irish Bond Yields at All Time High; One Month Away From a Bailout; Pessimism Bubble "Faith-Based" Cure

Yields on Irish bonds are soaring once again. Bloomberg reports Ireland May Have One Month to Stave Off Bailout
Irish Finance Minister Brian Lenihan may have just one month to stave off an international bailout.

The extra yield that investors demand to hold Irish 10-year bonds over German bunds surged to a record today as Lenihan tries to put together a 2011 budget by Dec. 7 that convinces investors he can get the country�s finances in order.

The premium on Irish bonds has doubled since August and is now wider than the spread on Greek debt four days before it sought a European Union-led bailout in April. That�s putting pressure on Lenihan to cut the deficit and overcome both an economic slump and the rising cost of bailing out the country�s banks.

While Ireland doesn�t need to raise money this year, its 20 billion euro ($28 billion) cash pile may only last until the middle of 2011. Lenihan will pave the way for the budget when he publishes a four-year roadmap for cutting the deficit in the next two weeks.

Ireland�s bond premium rose 13 basis points to 475 basis points today. That�s 46 basis points above the level on Sept. 30, when the country�s National Treasury Management Agency canceled debt auctions scheduled for October and November.

�There�s a pessimism bubble out there on Ireland right now,� said John McHale, an economics professor at Galway University in western Ireland. �To break that, the government�s four-year plan needs to convince investors we won�t need a bailout and we won�t default. It needs to be as detailed as possible and include legislation where possible.�

German proposals to put in place a permanent debt-crisis mechanism at EU level are also adding to Ireland�s problems, says Harvinder Sian, a London-based analyst at Royal Bank of Scotland Group Plc. While German Chancellor Angela Merkel reiterated today that she wants to force bondholders to foot some of the bill of any future bailout of a euro member, some officials argue that could spook investors at a time when countries such as Ireland and Portugal are trying to cut deficits.

�Up to last week, I would have said that Ireland could avoid a bailout by taking the measures needed to reduce the deficit,� said Sian. �Now, the measures being proposed by Angela Merkel are casting a shadow, not just on Ireland, but across the periphery.�
Faith Based Cure

It's a faith based system. Believe there will be no bailout and no default and it won't happen. Really?!

Sorry folks, especially economic professors, it does not work that way.

Interestingly, market action suggests an Irish debt blowup does not matter but a potential Greece blowup did. Your faith in the ECB hath saved you ... until of course Spain and Italy face the same problems and the Greek debt blows sky high anyway.

Mike "Mish" Shedlock
http://globaleconomicanalysis.blogspot.com
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Mid-Term Election Does Matter - It Really Does

In response to Election Predictions - How Big the Blowout? I received a fair number of comments from cynics who say the "election just does not matter, that nothing will change".

Sadly, this defeatist attitude is part of the reason we are in this mess.

To be sure, we are not going to see a return to a gold standard as a result of this election. We are unlikely to rewrite healthcare until it blows sky high (but that may be sooner than anyone thinks). Nor will we eliminate the Fed. And unfortunately, we will not stop war mongering.

Those are certainly very important issues, but they are not the only issues. At stake is the crucial direction of the country in regards to critical issues that desperately need a different direction.

For example, Cap-and-Trade is dead. That is a good thing. Many of Obama's socialist policies are dead in the water as well. The following headline highlights one key issue of critical importance.

Labor Unions Fear Rollback of Rights if G.O.P. Wins

Please consider Labor Unions Fear Rollback of Rights if G.O.P. Wins
Organized labor is deeply worried about what happens after Tuesday. By many measures, labor unions have been the Republicans� fiercest, biggest-spending opponents in this year�s campaign, laying out more than $200 million in hopes of safeguarding the Democratic majorities in the House and Senate.

So it should be no surprise that Republicans, who appear to stand a good chance of winning control of the House or the Senate, are signaling that they plan to push bills and strategies to undermine labor�s political clout and its ability to grow.

One bill that is popular among Republicans would prohibit employers from ever agreeing to unionization through �card check,� a process often used today in which an employer recognizes a union as soon as a majority of workers sign pro-union cards � without holding a secret-ballot election. Another bill would severely crimp labor�s campaign spending by barring unions from using any portion of a union member�s dues for political purposes unless the member first gives written permission.

A Republican-led House or Senate is expected to be more eager than a Democratic-controlled one to approve free trade agreements that unions oppose, and to be more reluctant to enact stimulus plans that unions have supported, like the recent bill that gave states $26 billion to help save the jobs of teachers, police officers and other government employees. A Republican-controlled House or Senate would probably block a labor-backed bill that would give firefighters and police officers in every state the right to unionize.

�We fear that the Republicans are on the march, and that�s why we�re doing everything we can to stop them,� said Gerald W. McEntee, president of the American Federation of State, County and Municipal Employees, which is spending $91 million in the two-year campaign cycle.

�Most certainly, the issue of card check will be dead,� said Doug Heye, a spokesman for the Republican National Committee. �That will be a victory for businesses large and small.�

Mr. Heye said that many Republicans were likely to support legislation that would bar unions from spending members� dues on politics unless members first �opted in.� Under current law, unions can spend a member�s dues on politics unless the member first opts out, a little-known procedure that few workers have followed.

If the Republicans win control of the House, Representative John Kline, a Minnesota Republican, is expected to succeed George Miller, a Democrat from San Francisco, as chairman of the House Education and Labor Committee.

Mr. Kline is chief sponsor of the Secret Ballot Protection Act, a bill with 115 House co-sponsors that would bar employers from agreeing to unionization through card check. He has also criticized two policies that are favorites of construction unions: the Davis-Bacon Act, which requires that contractors on federal public works projects pay workers the prevailing wage, usually near the union wage, even if they are not unionized; and project labor agreements, which tend to tilt the awarding of federally financed construction projects toward unionized contractors.
Public Unions Have Bankrupted Cities and States

It is undeniable that public unions and their overly generous pension plans have bankrupted cities and states. It is important, indeed it is crucial that Congress address this issue.

We should not fear a rollback of labor "rights". Rather, we should fear NOT rolling back labor "wrongs".

We simply cannot afford another 2 years of Obamanamics with his public union pandering.

Bringing Public Union Issues to the Forefront

I am grateful for those like Jack Dean at Pension Tsunami and Steve Greenhut have brought these issues to the public's attention.

Please see Book Review: Five Thumbs Up for Steve Greenhut's Plunder! if you have not done so. Then read the book if you haven't! I assure you it will open your eyes as to what is happening and the importance of these battles.

Also check out Cal Watchdog "Your Eyes on California". Greenhut is one of the writers.

Local Level Politics

Mayors in cities across the country are beginning to learn that towing the Public union line is going to be a liability.

Propositions in California cities to rein in union excesses are taking shape in a big way, no doubt with the help of people like Jack Dean and Steve Greenhut.

State Level Politics

Chris Christie is a shining star. He stands above all the rest when leading the way on unions and fiscal sanity. I backed him form the beginning.

Before the election, cynics told me it would not matter. They were wrong. It certainly did matter. The proof is now obvious.

Pension Plans $3 Trillion in the Hole

Public pension plans are $3 trillion in the hole. For details, please see Interactive Map of Public Pension Plans; How Badly Underfunded are the Plans in Your State?

Please look at that map and tell me the election does not matter.

Pensions are the single largest issue cities and states face. Republicans taking over state legislatures, state governorships, and Congress will help resolve this issue.

Governor Chris Christie is leading the way.

Krugman Whining a Sign of Change in the Right Direction

One way you know the election matters is by the amount of whining Paul Krugman does. That whining gets louder each day. He wants more big government and more spending.

It's not going to happen, thanks to this election.

It should be crystal clear this election is about bailouts and fiscal spending. Conservatives have had enough. Sure there will be waste. However, there will be far less waste with the incoming Congress than the outgoing one.

Unfortunately, the one thing this election will not do is create jobs overnight. Yet in Congress, and in numerous state and local elections across the country we are slowly taking a step in the right direction when it comes to fiscal madness.

It's a start, but an important start.

If more cynics would stop bitching and moaning that nothing will change and start actively helping those like Jack Dean and Steve Greenhut to spread the word, while backing candidates like Chris Christie wherever they are, we would be even further along with this effort.

So yes, this election does matter. Don't let anyone tell you otherwise.

Mike "Mish" Shedlock
http://globaleconomicanalysis.blogspot.com
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9 Years of Housing Backlog at Current Sales Pace; Chris Whalen on Troubled Banks "Bank of America is at Top of Restructuring List"

In a story that highlights just how severe and lingering the housing crisis is, the Wall Street Journal reports Number of the Week: 107 Months to Clear Banks� Housing Backlog
107: How many months it would take to sell banks� current and shadow inventory of foreclosed homes.

Banks� vast pile of foreclosed homes doesn�t appear to be diminishing. That�s a troubling sign for the future of the housing market.



Over the past six months, that number has actually risen. Banks managed to pare down the shadow inventory, but largely by taking possession of foreclosed homes. As of September, they owned nearly 994,000 foreclosed homes, up 21% from a year earlier. The shadow inventory stood at 5.2 million homes, down 7% from a year earlier. Grand total: 107 months of inventory.
Taking possession does not reduce shadow inventory since those are homes the banks will have to sell whether they are currently on the market or not. Regardless, the important number remains the same, a grand total of 107 months of inventory at the current sales pace.

Chris Whalen Video Discussing Bank Restructuring, Inventory



Select Quotes

  • You can't prevent restructuring. It's going to happen. Bank of America is at the top of the list. The bondholders and shareholders are going to get a haircut.

  • Barrack Obama is wearing Herbert Hoover's concrete booties.

  • There is nobody in the Whitehouse today that understands where we are economically.

  • The smaller banks in the US are actually getting better. We have 4 really big elephants and 4000 smaller banks that are getting better.

  • The significant thing is the numeric amount of troubled banks is growing very dramatically. That's the big guys, Bank of America, etc.

Mike "Mish" Shedlock
http://globaleconomicanalysis.blogspot.com
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Monday, 1 November 2010

Election Predictions - How Big the Blowout?

A few months ago when some thought it was possible the Republicans might take the house, I thought the odds were about 75%. In early July I had it at 60%. Today there is little question the Republicans will win the House.

The only question now is "How big will the blowout be?"

Battle for the House

Real Clear Politics shows the Battle for the House like this.



Note that Republicans will control the house even if they lose all 44 tossup seats, provided they win 56 of the 61 Republican leaners and likely seats.

To be sure, the Republicans are unlikely to win every seat they are leaning or likely, but the same holds true for the Democrats.

Moreover, surprises are far more likely to go to the Republicans. For example, I think Doug Cloud has a better than even shot at winning Washington District 6 even though RCP has that race marked as "Likely Democrat".

To make a final prediction, I went through all 44 tossup elections giving the Democrats the benefit of the doubt anytime they were consistently ahead, regardless of how little (as long as it was consistent). I treated Republicans the same. That methodology awards 15 seats to the Democrats and 9 Republicans.

That leaves has 20 genuine tossups where there were no polls, the polling data extremely old, or polls were inconsistent or with huge swings. Assuming the incumbent will win about 2/3 of those seats I will award 14 to the Democrats and 6 to the Republicans.

House Prediction

224 + 15 of 44 tossups would be 239. That is a pickup of 61 seats. To go out on a limb and factor in complete surprises that I believe will go Republican, I will add 3 more to the total.

My final prediction then is 242 Republican seats, a pickup of 64.

Battle for the Senate

Real Clear Politics shows the Battle for the Senate like this.



Once again I am willing to give the leaners to each party. With only 7 Tossups remaining I will call each one.

The Incumbent is listed first.

CA: Barbara Boxer (D) Wins over Carly Fiorina (R)
CO: Michael Bennet (D) Loses to Ken Buck (R)
IL: Alexi Giannoulias (Open D) Loses to Mark Kirk (R)
NV: Harry Reid (D) Loses to Sharron Angle (R)
PA: Joe Sestak (Open D) Loses to Pat Toomey (R)
WA: Patty Murray (D) Loses to Dino Rossi (R)
WV: Manchin (Open D) Wins over John Raese (R)

If correct, that is a pickup of another 5 seats.
I will go with that as my final call.

Senate Prediction - 50 Republicans 50 Democrats

The polls show a very slight lead for Murray, but I believe Rossi will pull it out. It is possible but I do not think likely, that Republicans will win one of the other two races.

Battle for Governors

Real Clear Politics shows the Battle for Governor like this.



CO: John Hickenlooper (Open D) Wins over Dan Maes (R) and Tom Tancredo (I)
CT: Tom Foley (Open R) Wins over Dan Malloy (D)
FL: Rick Scott (Open R) Wins over Alex Sink (D)
HI: Duke Aiona (Open R) Loses to Neil Abercrombie (D)
IL: Pat Quinn (D) Loses to Bill Brady (R)
MA: Deval Patrick (D) Wins over Charles Baker (R)
MN: Tom Emmer (Open R) Loses to Mark Dayton (D)
OH: Ted Strickland (D) Loses to John Kasich (R)
OR: John Kitzhaber (Open D) Loses to Chris Dudley (R)
RI: John Robitaille (Open R) Loses to Lincoln Chafee (I)
VT: Brian Dubie (Open R) Loses to Peter Shumlin (D)

I am going with two lagging in the polls: Florida and Oregon, on hopes of a huge Republican turnout. Vermont is a wildcard.

My prediction then is 32 Republican, 17 Democrat, 1 Independent

That is a big pickup from the current 26-24 edge to the Democrats.

Because this is a census year, the Gubernatorial races take on extra importance. It is quite advantageous to control the governorship in redistricting years. These pickups will certainly help Republicans.

Mike "Mish" Shedlock
http://globaleconomicanalysis.blogspot.com
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Gallup Surveys Shows Anemic October Consumer Spending, No Pickup in Christmas Spending Plans

In a trend that likely portends another poor shopping season for retailers, Gallup reports U.S. Consumers' Spending Anemic in October


Americans' self-reported spending in stores, restaurants, gas stations, and online averaged $62 per day during the first four weeks of October. That figure is up from $59 in September and is about the same as the $63 figure from August. From a broader perspective, spending remains in the 2009-2010 new normal monthly average range of $59 to $72 and is far below the 2008 recessionary spending range of $81 to $114.

Gallup's consumer spending measure over the last two weeks (ending Oct. 17 and Oct. 24) has averaged $67 per day and $65 per day, respectively, slightly higher than the estimate for all of October to date. The increase is likely a result of Halloween shopping, given that in the past, Gallup has seen increases in spending during the second half of October.
Weak Christmas Spending Plans

Please consider Consumers Issue a Cautious Christmas Spending Forecast
Gallup's initial measure of Americans' 2010 Christmas spending intentions finds consumers planning to spend an average of $715 on gifts, roughly on par with the $740 recorded in October 2009.



Americans' average prediction of the total amount they will spend on Christmas gifts this year is not highly encouraging for retailers, who may be hoping for a return to pre-recessionary buying habits. The good news, however, is that the $25 decline in this year's October forecast is far less than what Gallup found in each of the prior two years at this stage in the season and, according to Gallup modeling, would point to a fairly flat year in holiday retail sales if it holds at this level through December.
Christmas Bust

States in dire need of increased sales tax revenues will not consider flat sales a welcome event, nor will retail stores in light of store hiring plans and rising inventories. Moreover, I rather doubt weak outcomes are priced into the stock market.

Perhaps there is some small nominal rise in Christmas spending, but a collapse cannot be ruled out yet either, especially if unemployment benefits are not extended once again.

Mike "Mish" Shedlock
http://globaleconomicanalysis.blogspot.com
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Extreme Readings in Bullish Investor Sentiment as Insiders Bail at Highest Rate Ever Tracked

Hallelujah! In a few days the Fed will announce what nearly everyone thinks is the "sure thing" that will propel stocks higher. Supposedly it will be buy the rumor, buy the news, and then keep buying.

Trader's Narrative highlights the picture in Sentiment Overview: Week Of October 29th, 2010
Sentiment Surveys

Contrarian investors should sit up and take notice as we are finally getting a definitive extreme reading from the weekly AAII sentiment survey. According to the survey, the majority of retail US investors believe that the stock market will be higher 6 months from now: 51.2% were bullish and only 21.6% were bearish.

As I mentioned yesterday, this is the first time we are seeing such a larger bullish camp since May 2008 (53%) - this was one of the intermediate peak retracements during the recent bear market. The S&P 500 topped out at 1426 and fell 15% by mid-July 2008.

As well, the bull ratio is now slightly above 70% - something we hadn�t seen for almost 3 years. That is to say, relative to bears, the AAII didn�t have such a large portion of bulls since February 22nd, 2007. This was just before the S&P 500 corrected 6%, falling from 1459 to 1374.



This week�s survey result is the lowest number of bears since mid-January 2006 (19%). In response the S&P 500 was able to trundle along for a few months basically moving sideways but it peaked in May 2006 about 2% above the January bullish extreme date. From there it declined for the rest of the summer. The result was that basically the first 8 months of 2006 were a wash.

Of course, during strong bull markets it can go much higher but in recent years we�ve seen a range for the bull ratio between 30-70% so this is definitely pushing the upper boundaries. As the examples above illustrate, historically when the AAII survey has been this lopsided towards the bullish camp the equity markets have had a tough time. According to Bespoke, from 1990 onwards, when the bullish levels has been between 50-60% as it is now, the S&P 500 index has returned an average of -0.19% in the following month (49.61% were positive).
Trader's Narrative also tracks ABC News CCI, conference board sentiment, consumer confidence, fund flows, investors intelligence, ISE sentiment, Michigan consumer sentiment, NAAIM, OEX options, and put call ratios.

Inquiring minds may wish to give the site a closer look.

Insider Selling Volume at Highest Level Ever Tracked

Investor sentiment is one thing, insider sentiment is another. Behind The Money reports Insider Selling Volume at Highest Level Ever Tracked .
The overwhelming volume of sell transactions relative to buy transactions by company insiders over the last six months in key leading sectors of the market is the worst Alan Newman, editor of the Crosscurrents newsletter, has ever seen since he began tracking the data.

The strategist looked at insider trading activity amongst the top ten companies that make up the Nasdaq such as Apple (AAPL), Google (GOOG), and Amazon (AMZN).

Then he analyzed the biggest members of the Retail HOLDRs ETF like Gap (GPS), Target (TGT), Costco (COST), as well as the top insiders in the semiconductor industry at companies such as Altera (ALTR), Broadcom )BRCM), and Sandisk (SNDK).

The largest companies in three of the most important leading sectors of the market have seen their executives classified as insiders sell more than 120 million shares of stock over the last six months. Top executives at these very same companies bought just 38,000 shares over that same time period, making for an eye-popping sell to buy ratio of 3,177 to one.

The grand total for the three sectors are �as awful as we have ever seen since we began doing this exercise years ago,� said Newman, who was ahead on such trends as the dangers of high-frequency trading and ETFs before the �Flash Crash�. �Clearly, insiders are seeing great value only in cash. Their actions speak volumes for the veracity for the current rally.�

�At the risk of sounding like a broken record, we expect a significant correction,� said the newsletter editor.
To be sure, neither excessive nor unwarranted optimism matters until it does.

In the meantime, everyone can take comfort in the fact that the high frequency trading robots that dominate trading don't care about sentiment measures of any kind, earnings, unemployment, the implosion in housing, foreclosure fraud, double-dip recessions, the will for political stimulus drying up, trade imbalances, currency wars, or for that matter anything at all.

Mike "Mish" Shedlock
http://globaleconomicanalysis.blogspot.com
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Tax Avoidance by Google and Apple, Corporate Cash, Job Creation During Schumpeterian Depressions

Reader Jack is interested in corporate cash levels, average hiring costs, and how many jobs corporations might create if they used 1/3 of their corporate cash to hire employees. Jack writes ...
Hello Mish

Corporate America has somewhere between $1 Trillion and $1.8 Trillion in cash judging from sources I consider "reliable," such as The Wall Street Journal, Bloomberg, etc. That it is a heck of a lot of cash.

I hope you might be able to help me in some research I have been trying to do but I have hit brick walls left and right.

What I am wondering is how much does it cost a private sector employer, in either the manufacturing or service industry sectors of this nation today, to bring on one full time equivalent employee for one full year?

The cost needs to include everything, not just the obvious, such as wages, compensations, benefits, and government taxes. Hiring and training.

I know that the employer must have a building to work in or out of, property, plant and equipment. Thus, the employer must meet all of the pre-paid expenses and the overhead that is directly or indirectly associated with bringing on one new full time equivalent employee for one full year.

I already placed calls to the National Association of Manufactures and the U.S. Chamber of Commerce with no results.

If corporate America (not small and mid-size companies) is sitting on a wad of cash between $1 and $1 trillion, I have to believe they could use 33% of this to fully invest and hire American workers at American facilities making and selling American products or services, either domestically or to our trading partners.

To my mind's way of thinking, the entire U.S. "economy" is a function of the number of Americans employed, the average wages they are paid, and their disposable income.

thanks much,

Jack
Corporate Cash Once Again

The first problem is that Corporate America is not sitting on that amount of cash that Jack and others think.

Please consider Cash Cow: Who has the Cash, Who has the Debt, by Sector and Company.

I posted a clarification to the above article in Cash Cow: "Who has the Cash?" Followup.

Of the top 50 companies in the S&P 500, net corporate cash (cash minus debt) is negative $749.6 billion.

That number was as of data from Yahoo!Finance, some of it from second quarter. I believe the situation is worse now.

Premise Flawed

Even assuming one could come up with some sort of "average" cost of hire, the number would be useless. What good does it do to figure out the cost to hire the "average worker" if a mining company needs a geologist, Amazon needs a corporate lawyer, or Google needs cloud computing specialists?

Companies hire if and only if they need workers, position by position, not by averages. It only makes sense to hire someone if they produce a positive rate of return.

Hiring for hiring sake would needlessly burn up corporate cash.

Startups are Life-blood of Job Creation

Interestingly, Jack focused on large corporations although small businesses and startups are the life-blood of job creation.

A study by Tim Kane at the Kaugffman Foundation shows that excluding startups, from 1977 on, there would be no net job growth in the U.S. economy!

For more details please see Bleak Outlook for Small Businesses and Job Creation; Where Obama Went Wrong, and What to do About It.

The sad fact of the matter is small businesses have no reason to hire, and given the economic uncertainties, starting a business now does not seem to be the wisest thing to do (at least in a general sense).

Hiring During Schumpeterian Depressions

Inquiring minds will want to consider Anemic Job Creation During The "Schumpeterian Depression" (written over a year ago, well ahead of the curve).
Thoughts on the Schumpeterian Depression

My friend "BC" writes:
During Schumpeterian Depressions, large, cash-rich firms dominate and push increasing scale and standardization, whereas small firms suffer from a lack of capital and a reluctance by banks to lend.

This trend should persist well into the next decade, as deflationary depressions and the associated demographic cycle reduces business start-up activities, and this time around Venture Capital activity.

Also, younger workers of a peak demographic cohort lack the capital and longevity in the occupational structure to have made sufficient contacts and gotten access to capital and equipment in order to reach the necessary critical mass of experience, reputation, and problem solving one demonstrates sometime in their mid- to late 20s to early to mid-30s.

Thus, we are not likely to see a new wave of incremental innovation and new capital formation and business start ups until no earlier than the mid-to-late '10s to early '20s. In the meantime, mass cross-industry consolidation, R&D moving inside large firms, spin-offs, firings, wealth consumption, and shifting composition of household spending led by Boomers in late life will combine to slow growth for years to come.

Moreover it is questionable as to whether China and India can buck the larger demographic and Schumpeterian-curve trends, as they have come to rely so heavily upon US supranational firms' Foreign Direct Investment in plants, equipment, trade credits, and intellectual property. The growth of US and Japanese firms' FDI will likely continue to decelerate with "trade" for years to come.
For more on Schumpeterian Depressions, please see Creative Destruction.

Tax Laws and Other Factors

There are still many other factors at play. Corporations do not exist to create jobs, they exist to create profits. When it comes to hiring, if companies can get a higher rate of return by expanding overseas, that is exactly what they will do, and in fact exactly what they should do.

Unfortunately, tax law is such that it practically begs companies to move both jobs and profits overseas. Those tax laws benefit huge corporations that can take advantage of monstrous loopholes, to the detriment of everyone else.

How $60 Billion is Lost to Tax Loopholes

The US Corporate tax rate is 35%. Care to guess what tax rate Google paid?

Bloomberg reports Google 2.4% Rate Shows How $60 Billion Is Lost to Tax Loopholes
Google Inc. cut its taxes by $3.1 billion in the last three years using a technique that moves most of its foreign profits through Ireland and the Netherlands to Bermuda.

Google�s income shifting -- involving strategies known to lawyers as the �Double Irish� and the �Dutch Sandwich� -- helped reduce its overseas tax rate to 2.4 percent, the lowest of the top five U.S. technology companies by market capitalization, according to regulatory filings in six countries.

�It�s remarkable that Google�s effective rate is that low,� said Martin A. Sullivan, a tax economist who formerly worked for the U.S. Treasury Department. �We know this company operates throughout the world mostly in high-tax countries where the average corporate rate is well over 20 percent.�
Income shifting commonly begins when companies like Google sell or license the foreign rights to intellectual property developed in the U.S. to a subsidiary in a low-tax country. That means foreign profits based on the technology get attributed to the offshore unit, not the parent. Under U.S. tax rules, subsidiaries must pay �arm�s length� prices for the rights -- or the amount an unrelated company would.

Because the payments contribute to taxable income, the parent company has an incentive to set them as low as possible. Cutting the foreign subsidiary�s expenses effectively shifts profits overseas.

After three years of negotiations, Google received approval from the IRS in 2006 for its transfer pricing arrangement, according to filings with the Securities and Exchange Commission.

The IRS gave its consent in a secret pact known as an advanced pricing agreement.
Google's $1 Billion-a-Year Loophole

For an interactive graphic that shows how the strategy works, please see Inside Google's $1 Billion-a-Year Tax Cutting Strategy.
Google Inc. has cut roughly $3 billion from its income tax bill since 2007. It relies on techniques known to tax planners as the "Double Irish" and the "Dutch Sandwich"
Microsoft uses a "Double Irish" structure as well.

Apple, IBM, and Oracle also use tax schemes, but Google is best at it.

Tax Deference

Note that these schemes are actually tax deference schemes, not tax avoidance schemes. The tax has to be paid, eventually, at least in theory. What happens in practice is corporations defer taxes perpetually, until there is some sort of tax holiday given to repatriate taxes.

Technology Cash Cows

Interestingly, a quick check of that first Cash Cow link shows Apple has $46 Billion in net cash, Google $30.1 Billion, Microsoft $30.6 Billion, Cisco $24.6 Billion, and Intel $18.4 billion.

That is a combined $149.7 billion in net cash from those 5 corporations.

Yet, returning to the original premise, just how likely is it for those companies to use 1/3 of their cash to go on US hiring sprees?

Moreover, what does their average hiring costs have to do with average hiring costs in general?

It is simply impossible to equate cash on the sidelines (most of it nonexistent except for technology companies), with potential hiring.

In Defense of Google

Before everyone gets all up in arms about Google, let me point out that Google has more than 20,000 employees, many of them very highly paid. Is that the kind of business you want to punish?

I think not.

Small Businesses Crucified

Small businesses cannot afford the legal teams of Google or Microsoft.

Thus, the real tragedy is small businesses and startups (the very foundation for job creation) get hit with 35% Federal tax rates, and states take another 1%-10% (varies by state), on top of that.

Yikes!

Who wants to start a company in the US, with these disadvantages, with this healthcare mess, with overcapacity nearly everywhere you look, with the likelihood that cities and states will be hiking taxes?

I wouldn't. Nor do banks want to lend in this environment. The risks are simply too high.

Level the Playing Field

The ideal corporate tax rate is 0% but that would not fly in this environment with our deficits.

Rather than overtly punish successful businesses like Google and Apple with higher taxes, I propose slashing corporate income taxes across the board to some extremely low level while penalizing profits held overseas, in a revenue neutral fashion.

This would level the playing field between big and small businesses, encourage small business creation right here in the US, and encourage repatriation of profits earned or held outside the US.

Mike "Mish" Shedlock
http://globaleconomicanalysis.blogspot.com
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