Tag Archive for Policy

Tech Titans Dodge Taxes

Tech Titans Dodge TaxesA recent report by the Center for Tax Justice (CTJ) on the use of tax havens in 2014, identified the 500 largest American companies hold more than $2.1 trillion in accumulated profits overseas to avoid U.S. taxes. The report found that one-quarter of that amount (549.7 billion) is hoarded abroad by ten tech companies alone, as the chart from Statista illustrates.

Greedy AppleAmong the tech titans hoarding cash, Apple (AAPL) has parked the largest amount of cash outside the United States. The article notes that the iPhone maker has stashed a whopping $181 billion overseas. That is almost twice as much as second-ranked Microsoft (MSFT) ($108.3b) and roughly three times the total of IBM (IBM), which ranks third in the tech-list with foreign cash holdings of $61.4 billion. Cisco (CSCO), ranked fourth, stands out with as many as 59 tax haven subsidiaries.

The top twenty tech firms in the order of the amount of money hoarded overseas in 2014 to cheat the taxman in 2014:

  1. BillionairesApple
  2. Microsoft
  3. IBM
  4. Cisco
  5. Google (GOOG) $47,400 millions
  6. HP (HPQ) $42,900 millions
  7. Oracle (ORCL) $38,000 millions
  8. Qualcomm (QCOM) $25,700 millions
  9. Intel (INTC) $23,300 millions
  10. EMC (EMC) $11,800 millions
  11. Western Digital (WDC) $9,400 millions
  12. Xerox (XRX) $8,500 millions
  13. Ebay  (EBAY) $7,900 millions
  14. Cognizant Technology (CTSH) $6,121 millions
  15. Agilent Technologies (A) $5,700 millions
  16. Micron Technology (MU) $4,910 millions
  17. Broadcom (BRCM) $4,850 millions
  18. Symantec (SYMC) $3,600 millions
  19. Computer Sciences (CSC) $2,552
  20. Amazon (AMZN) $2,500 millions

Statista notes that the study found the number of tax haven subsidiaries is not directly connected to the amount of taxes dodged by a company. On the contrary, some companies now report fewer subsidiaries in tax haven countries than they did in 2008 while reporting significant increases in the amount of cash they hold abroad.Center for Tax Justice graphic

The study offers two possible explanations for this occurrence: First of all, some companies may choose not to report all of their subsidiaries because the SEC’s penalties for failing to do so are pretty lax and secondly companies could simply consolidate more income in fewer offshore subsidiaries, often in structures dubbed “Double Irish”.

Infographic: U.S. Tech Companies Hoard Billions in Offshore Tax Havens | Statista

This chart shows how much money U.S. tech companies hold in offshore subsidiaries to avoid U.S. taxes.

You will find more statistics at Statista

The CTJ claims U.S.-based multinational corporations are allowed to play by a different set of rules than small and domestic businesses or individuals when it comes to the tax code. Rather than paying their fair share, many multinational corporations like Apple, Cisco, Google, and Intel use accounting tricks to pretend for tax purposes that a substantial part of their profits are generated in offshore tax havens, countries with minimal or no taxes where a company’s presence may be as little as a mailbox. Multinational corporations’ use of tax havens allows them to avoid an estimated $90 billion in federal income taxes each year.

Uncle Sam in redtapeCongress, by failing to take action to end to this tax avoidance, forces ordinary Americans to make up the difference. Every dollar in taxes that corporations avoid by using tax havens must be balanced by higher taxes on individuals, cuts to public investments and public services, or increased federal debt.

The CTJ recommends the following steps to stop the abuse of offshore tax havens by the tech titans and restore fairness to the US tax system and reduce pressure on America’s budget deficit and improve the functioning of markets.

End incentives to shift profits and jobs offshore. The most comprehensive solution to ending tax haven abuse would be to stop permitting U.S. multinational corporations to indefinitely defer paying U.S. taxes on profits they attribute to their foreign subsidiaries. Ending “deferral” could raise nearly $900 billion over ten years, according to the report.

Reject the Creation of New Loopholes. Reject a “territorial” tax system. The CTJ estimates that switching to a territorial tax system could add almost $300 billion to the deficit over ten years.

Close the most egregious offshore loopholes. Policymakers can take some basic common-sense steps to curtail some of the most obvious and brazen ways that some companies abuse offshore tax-havens. Close the inversion loophole by treating an entity that results from a U.S.-foreign merger as an American corporation if the majority (as opposed to 80 percent) of voting stock is held by shareholders of the former American corporation. These companies should be treated as U.S. companies if they are managed and controlled in the U.S. and have significant business activities in the U.S.

Patent trollStop companies from shifting intellectual property (e.g. patents, trademarks, licenses) to shell companies in tax haven countries and then paying inflated fees to use them. This common practice allows companies to legally book profits that were earned in the U.S. to the tax haven subsidiary owning the patent. Limited reforms proposed by President Obama could save taxpayers $21.3 billion over ten years.

Stop companies from deducting interest expenses paid to their own offshore affiliates, which put off paying taxes on that income. This reform would save $51.4 billion over ten years, according to the CTJ.

Increase transparency. Require full and honest reporting to expose tax haven abuses. Multinational corporations should report their profits on a country-by-country basis so they can’t mislead each nation about the share of their income that was taxed in the other countries.

Michigan-based companies dodging the taxman in 2014 have hoarded almost $55 Billion according to the CTJ. With just a 1% tax on the withheld income, we could probably get the roads fixed. On the list ranked by millions held off-shore by Michigan based firms according to the CTJ are:

  1. Dow Chemical $18,037 millions
  2. General Motors $7,100 millions
  3. Stryker $5,878 millions
  4. Whirlpool $4,900 millions
  5. Ford $4,300 millions
  6. Autoliv $4,000 millions
  7. TRW Automotive $3,400 millions
  8. BorgWarner $2,700 millions
  9. Kellogg $2,200 millions
  10. Lear $1,200 millions
  11. Penske $711 millions
  12. Visteon $245 millions
  13. Kelley Services $111 millions
  14. Conway $32 millions
  15. Masco $12 millions
Related articles

 

Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.

10 Policies to Minimize BYOD Risk

Mandatory Authorization ProcessThe challenge for employers offering BYOD, according to schnaderworks, a labor and employment blog from Schnader Harrison Segal & Lewis LLP, is finding the right cost/benefit balance for their businesses. In developing an effectivebring your own device” (BYOD) policy, employers must first identify which employees will be eligible for the program according to the blog.

Onc10 Policies to Minimize BYOD Riske the basic parameters are set, the lawyers stress a written policy is essential to set up ground rules and permit enforcement to protect the company’s data and other interests. They suggest the following steps are key to establishing an effective BYOD policy:

1. Establish a Mandatory Authorization Process:  The lawyers say this should be completed before an employee can use company data and systems on a personal mobile device.

Require Password Protection2. Require Password Protection:  Each authorized device should have the same password protection as an employer-issued device.  According to the article, such protections include limiting the number of password entry attempts, setting the device to time out after a period of inactivity, and requiring new passwords at regular intervals.

3. Clarify Data Ownership:  A BYOD policy should specifically address who owns the data stored on the authorized device. It should be clear that company data belongs to the employer and that all company data will be remotely wiped from the device if the employee violates the BYOD policy, terminates employment, or switches to a new device. The policy should also alert employees that it is their responsibility to backup any personal data stored on the authorized device states the article.

Spell Out Procedures In Case of Loss4. Control the Use of Risky Applications and Third Party Storage:  Schnader Harrison Segal & Lewis recommends employers may want to ban the use of applications that present known data security risks, such as the use of “jailbroken” or “rooted” devices and cloud storage.

5. Limit Employee Privacy Expectations The BYOD policy should clearly disclose the extent to which the employer will have access to an employee’s personal data stored on an authorized device and state whether such personal data is stored on the company’s backup systems. The article recommends minimizing the co-mingling of company and personal data. Employers may want to install software that permits the “segmenting” of authorized devices.  However, no matter what measures the company takes to preserve employee privacy, the policy must emphasize that the company does not guarantee employee privacy if an employee opts in to the BYOD program.

Control the Use of Risky Applications6. Address Any Business-Specific Privacy Issues:  Certain businesses are subject to legal requirements about the storage of private personal information (such as social security numbers, drivers’ license numbers, and credit and debit card numbers, etc.) which may need to be addressed in a BYOD policy.  The blog points out that HIPAA requires native encryption on any device that holds data subject to the act. An employer may need to put in place processes prohibiting or limiting remote access for certain categories of sensitive data.

7. Consider Wage and Hour Issues:  Permitting employees to use an authorized device for work purposes outside of the employee’s regular work hours may trigger wage and hour claims. The lawyers suggest the BYOD policy should set forth the employer’s expectations about after-hours use  (such as a requirement that non-exempt employees must refrain from checking or responding to work emails, voice mail, and texts after hours) (rb- Yeah).

BYOD policy8. Ensure Compliance with Company Confidentiality Policies.  The author says a BYOD policy should reiterate that an employee using an authorized device must comply with all company policies on confidentiality and the “acceptable use” of company information.

9. Spell Out Procedures In Case of Loss or Theft:  The employer should set up a specific protocol to be followed in the event an authorized device is lost or stolen. The blog says the process should include the prompt reporting of a lost or stolen device and the remote wiping of the device.

Insure Compliance with Company Confidentiality Policies10. Document Employee Consent:  Finally the law firm, in good lawyer form, suggests the employer should get an employee’s written consent to all terms and conditions of the BYOD policy.

Related articles

 

Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.

Six Steps to Avoid BYOD Pitfalls

Six Steps to Avoid BYOD PitfallsIn a recent article on the Forbes CIO Central blog, Dan Woods interviewed Brian Madocks, CEO of PC Helps, a services firm that provides supplemental help desk services for more than 1.6 million end-users. He has been on the front lines as many of its clients have opened up BYOD.

I want an iPadIn the article, Forbes offers advice on how IT departments can respond to users who show up at work and declare: “I want an iPad.”  The author warns that ignoring the corporate use of personal devices (smartphones, iPad’s and other tablets) leave both end-users and the IT department quite unhappy.

Mr. Madocks says the biggest myth is that allowing personal devices to be used for work-related purposes reduces the support burden. At first, this seems strange. If people use devices they know well, shouldn’t they need less help? Also, if an employee is using an iPhone or iPad, won’t their support questions be handled by AppleCare, Apple’s support arm? Mr. Madocks says no. Consumerization reduces some types of support but generates others. Here’s what happens.

ConsumerizationThe number of calls about how to use the device may go down. People know how to use their phones, get on the Internet, and use Facebook. But the number of calls about how to get their corporate email, calendar, and contacts working on phones or tablets may go up. With Apple (AAPL) iPhones and iPads and the fragmented Google (GOOG) Android versions out there it’s even more complicated. The PC Helps CEO reports that users can be frustrated when they go to Apple’s Genius Bar, AppleCare, or to Google for Andriod support and find out that they won’t get any help there because the staff doesn’t know how to support your corporate environment or the applications used within it.

With a multitude of personal devices in your workforce, the support burden may increase and your help desk may not be able to keep up with the unique features and aspects of all the devices. Mr. Madocks concludes that no matter how you allow access to the corporate resources the support burden NEVER disappears.

The support experts from the PC Helps brain-trust, developed a playbook for organizations considering a Bring Your Own Device model:

Don’t just say no to “bring your own technology”: The cat is out of the bag. End users are more productive when they have a vote on the tools they use and their support. PC Helps suggests IT show some leadership and help figure out how to get BYOD (PDF) right so that the company is protected and the users are happy. Recognize that consumerization means giving up some control; learn to live with that.

Listen to the end-users: Create an internal customer advisory group to allow end-users to explain what they want and what they don’t. The article says one of the primary drivers of consumerization is the wish to have work and personal content and capabilities on a single device. Craft a draft set of policies and guidelines based on this input.

Help deskResearch and test your approach: Consider a pilot program before full rollout that includes a mix of key users. Discover the range and types of preferred devices as well as the corporate systems, networks, and applications users will need access to. The blog recommends that you incorporate your findings into the broader rollout plan.

Document and communicate a clear set of policies and guidelines for end-users: Everyone should know what the company policies are for personal devices and where to find them. Explicit review of policies and testing for understanding should be performed from time to time, or as new devices arrive and raise new issues. The policies should set forth:

  • Which devices will be supported.
  • How to request new/more devices,
  • Which apps are authorized,
  • Which apps are forbidden,
  • How to get approval for new apps,
  • What company data is allowed on personal devices,
  • How to get support for devices and applications.

The policies should also answer the following questions:

  • When a device is no longer used for work or an employee leaves, what are their responsibilities to securely deletion corporate data?
  • Where and how will devices be backed up?
  • Who is responsible for backup?
  • Are lock and password-protection required, and how is it managed?
  • Who will provide support?
  • What kind of support questions should be directed to device manufacturers?

ComplexityPlan for a more complex support burden: Allowing personal devices means a world with more devices, which in turn multiplies the knowledge needed from the help desk. There will be more questions on setup, remote access, and use of corporate applications, as well as problems unique to the different devices. There will be more complex support scenarios, such as, how to use Microsoft Office applications on non-PC devices. Be sure you have a support plan and trained people in place.

Don’t rely on device manufacturers for support of your end-users: Manufacturers can handle break/fix and warranty support on products, but they won’t know your corporate policies, processes, nor the core office applications your users work with every day. Apple iPad owners have access to AppleCare and Genius bars, but this is all geared to consumers. AppleCare won’t help with many synchronization issues related to accessing corporate email on the iPad, nor provide urgent support for deadline-related business situations.

a risk to IT’s reputationEnd-users may get the run-around, going to the manufacturer and then to their wireless service provider, to your internal help desk, and to peer support for help, wasting time and productivity on something that could be solved in a single call. Devices for corporate use should have corporate support or they will present a risk to IT’s reputation in the organization.

Prepare your help desk for the task: The help desk in a BYOD IT environment is a different type of organization, one that must be able to respond to the unexpected. Mixed device environments require specialization and expertise, as well as ongoing training and skill-building. Your existing help desk staff may need to be retrained, expanded, or supplemented.

In the end, Mr. Madocks reports that the firms PC Helps assists in consumerization don’t regret their decision. “While consumerization creates complexity for support … The company’s workforce is happier and more productive, and the reputation of IT as a supporter of the business is greatly enhanced.” The end result is generally happier users and happier IT, but there are complications.

rb-

It is my experience that most people who push consumer devices into the enterprise, don’t have a plan. They want their iPads, for valid or not so valid reasons. Some staff seemed surprised when they could not print to the enterprise printer on the enterprise network with the iPad they just brought in.

I place a great deal of the blame at the feet of Apple. I have had Apple engineers look me straight in the face and tell me that iPads are consumer devices and not designed for the enterprise and that Apple does not intend to fix it.

They do not use standard protocols and BYOD proponents don’t even know what Bonjour is, let alone the limitations of Bonjour.

http://blogs.forbes.com/ciocentral/2011/02/07/i-want-my-ipad-avoiding-it-consumerization-pitfalls/
Related articles

 

Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.

Tablet Security Tips

Tablet Security Tips ICSA Labs, an independent division of Verizon has provided third-party testing and certification of security products since 1989. They suggest a series of security tips for smartphone, tablet, or app user’s Help Net Security reports.

Only buy apps from recognized app stores

App storeApps from unofficial third-party stores and applications downloaded from peer-to-peer sites are much more likely to contain malware than apps sanctioned by official vendor stores such as the Android App Market or Apple App Store.

Think twice about accepting permissions

Most applications, legitimate as well as malicious ones, need users to accept several “permissions” before the apps are installed. Check carefully to be sure that the app comes from a legitimate source. I wrote about mobile phones leaking data previously.

Monitor bills for irregular charges.

Monitor billsIf attackers gain access to personal information stored on the mobile device, they can quickly rack up charges by sending “silent” text messages to high-priced call services. For example, if the Google (GOOG) Android Trojan GGTracker is inadvertently installed on a device, it can sign up users, without their knowledge, for premium text messaging services.

Employ security policies to protect employer-issued devices

Employers should enforce password-based access and require voice mail codes so that only authorized users can get access to data on employer-issued devices.

Be mindful of more personal devices at work

more personal devices at workCompanies must have security systems and policies in place to safeguard their business environment and prevent access to company networks from employees’ personal devices. I wrote about BYOT here.

Remember that a tablet is a tiny PCs

Many security threats that apply to traditional computers also apply to mobile devices, such as smartphones and tablets, and consumers should take necessary measures to protect themselves. One way to do this is to install anti-malware software on mobile devices and enable VPN functionality.

Protect your tablet, smartphone, and voicemail PIN

Protect your tablet, smartphone, and voicemail PINIf your mobile phone does not have a password, add one that is at least six digits. Try to choose a unique password that is not already used across other systems and accounts. Do not use repeating digits in passwords or voice mail pins. Remember that your provider will never request your voice mail pin, so do not be tempted to give it to anyone who requests it.

Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.

Banks & Bosses Use Social Media to Assess Risk

Updated 10-22-10 – GigaOm has a post about Rapleaf here.

If you’re among the 67% of the global online population which Nielsen Online says uses social media networks to stay in touch with friends, grow their business, or just have fun then your information is for sale to banks, insurance companies, employers, and the government. Some banks are turning to social media analytics firms to enhance their credit-check procedures.

Banks are now looking at an applicant’s social media profile, behavior, and associations on sites like Facebook (FB), Twitter, and MySpace according to a recent article on the banking industry site CreditCards.com. The banker’s theory is that people run with folks who share their values and behavior. If your Facebook friends are deadbeats, the banks theorize you are a deadbeat also. These assumptions may make it harder to get a credit card or mortgage, according to CreditCards.com.

Many banks are now outsourcing their social network data mining operations to firms such as Rapleaf. Rapleaf, is a San Francisco, CA-based company that specializes in social media monitoring. According to CreditCard.com, Rapleaf compiles everything you and your network do – including status updates, “tweets,” joining online clubs, linking a Web site or posting a comment on a blog or news Web site. These firms turn the conversations into consumer profiles called social graphs. Social graphs give companies insight into behavior patterns: what you like and dislike, want and don’t want, do well and do poorly.

Banks & Bosses Use Social Media to Assess RiskIn the article, Rapleaf characterizes its social network data mining operations as “a unique way to improve customer experience by whitelisting customers based on their social circles and friend relationships.”  Since the firm uses data to “whitelist” people, it may also very easily be used to “blacklist” people and deny them a credit card or a job. “Who you hang around with has empirical implications with how you behave,” Joel Jewitt, Rapleaf’s vice president of business development told FastCompany.

“It’s a marketing trend as opposed to a credit score trend,” says Jewitt.  Despite his assurances, Rapleaf’s Web site suggests that clients “use friend networks to enhance … credit scoring” according to FastCompany. Jesse Torres, president, and CEO of Pan American Bank in Los Angeles told CreditCards.com that online information aggregators fill a need within the banking community. “They’re able to scour the social media universe. They are constantly listening and reporting back.”

The bankers are protecting their bottom line, “credit card companies have been stung very hard during this downturn, and they’re going to work that much harder to avoid extending credit…,” Ken Clark, author of The Complete Idiot’s Guide to Boosting Your Financial IQ told CreditCards.com. Rob Garcia, senior director of product strategy at The Lending Club, a peer-to-peer lender, says his firm uses multiple sources of “social information collateral” for its decision-making processes “It’s a wealth of information about a person,” says Garcia.

Not everyone in the industry is data mining social networks. “It’s difficult to make a judgment about an individual’s credit based on the people around them,” says Gregory Meyer, community relations manager for Meriwest Credit Union in San José, CA.  Meriwest only assesses credit reports and application data to make lending decisions. “[Social media] is a great way to keep up with what my 10-year-old nephew is up to, but it doesn’t have a place in the credit process.”

What you divulge can have an unintended impact. “We’ve seen this with applicants not getting jobs and employees getting fired for their Facebook and Twitter-based escapades,” financial personality Clark told CreditCards.com, “so we shouldn’t imagine this to be any different.” There are steps to take to guard your privacy. “I think it is crucial that everyone visit the privacy notices for the sites they use, read them, and change their settings to limit who can see their information,” says Clark. “For example, on Facebook, you can change your privacy settings so that only your acknowledged friends can see the majority of your information.” You can also enable “private filtering” on your browser. Do so and your activity will be entirely out of the Web profiling system.

Scott Stevenson, president, and CEO of EliminateIDTheft.com told CreditCards.com people should:

  1. Don’t accept invitations until you check the profile out first.
  2. Be acutely aware of what you write. Don’t make public anything you don’t want public.
  3. Take an annual inventory of all your social networking sites and delete people and information that can potentially damage you in the eyes of a creditor or employer.

Rapleaf offers a service to discover your online footprint and see what others might see on your social graph. Google (GOOG) offers a similar tool, the Google Privacy Dashboard. which presents an overview of the accounts and information you are connected with through Google. Take advantage of tools like these to check your own online reputation. What you don’t know can hurt you. Rapleaf’s Jewitt reminds users that, “The custodian of the information is you.”

rb-

There is nothing illegal about social network data mining banks and firms like Rapleaf do. Facebook and the other social networks are legal commercial enterprises that openly broker user data for exactly these kinds of purposes. People freely put information on Facebook with the full knowledge that it will become permanent parts of the public Internet record. Users need to know about this kind of data mining for two reasons. First, the stakes are high. It’s about getting access to credit that might be necessary for your family or business or even getting your next job.

Second, data mining gives the lenders insights into relationships that are unknown to and often completely out of the control of the applicant. Maybe being a Facebook fan of NASCAR says something in the sum about your socioeconomic status and your creditworthiness or employability, according to some second-order derivative analysis of millions of data records.

The asymmetry in the relationship between data-driven marketers and consumers is structural and permanent. Institutions like banks (and, potentially, insurance companies, employers, and the government) will use it to gain an advantage, because that’s what they do.

Related articles

 

Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.