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Businesses The Almighty Buck United States Apple

Apple Argued That Buildings at Its Headquarters Were Worth $200, Not $1B, To Reduce Its Tax Bill: Report (sfchronicle.com) 536

Apple argued that buildings it owned around Cupertino, where it is headquartered, were only worth $200 instead of the $1 billion tax assessors deemed in 2015, according to appeals reviewed by the San Francisco Chronicle. From a report: The report characterized the dispute as part of an aggressive strategy by Apple to lower its tax bills. According to the Chronicle, Apple has 489 open appeals in tax disputes over property assessed at $8.5 billion in Santa Clara County, Calif., dating back to 2004. Those appeals include the $1 billion building assessed by tax officials, as well as another $384 million property that Apple also claims is worth $200. Apple is now valued at $1 trillion. It is also the county's biggest taxpayer, paying $56 million in the 2017-2018 tax year.
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Apple Argued That Buildings at Its Headquarters Were Worth $200, Not $1B, To Reduce Its Tax Bill: Report

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  • tax frauds (Score:5, Interesting)

    by fluffernutter ( 1411889 ) on Wednesday August 15, 2018 @09:05AM (#57130140)
    I know a guy who got a dog and called it a company mascot and had his company pay for all the pet supplies. People will try anything, it doesn't make it right.
    • I know a guy who got a dog and called it a company mascot and had his company pay for all the pet supplies. People will try anything, it doesn't make it right.

      Yeah but this is more like your mate having a dog then claiming its a hamster when it comes time to pay the vet bills.

      • by AmiMoJo ( 196126 )

        This is more like your buddy owning a zoo and sealife aquarium resort with trillion dollar valuation, and then claiming it's a pet hamster for tax purposes.

        Seriously you can easily spend more than $200/year on a hamster, it's actually taking less piss than Apple is.

        • Any kind of lying is wrong. I don't care if it is an ant, if you are making things up to save on taxes it's wrong.
          • by lgw ( 121541 )

            ny kind of lying is wrong. I don't care if it is an ant, if you are making things up to save on taxes it's wrong.

            I respect the fact you pay extra taxes; means less to pay for the rest of us.

            But this is a negotiation over assessed value of property. I guess you've never had your house assessed out of the blue for far more than it's worth, and had to challenge it to get it back to something reasonable? Obviously, Apple doesn't expect the $200 to fly, it's just their response to what they see as an equally outrageous opening position by the government. Negotiations will proceed from there. Wish I had lawyers to play

            • by farble1670 ( 803356 ) on Wednesday August 15, 2018 @02:38PM (#57132894)

              I respect the fact you pay extra taxes; means less to pay for the rest of us.

              Everyone knows this is how it works too. There's a big pot and the government keeps collecting money until it fills up and after that no one has to pay anymore.

      • The scale of that analogy is all wrong. It's more like having a horse and claiming it's a flea.

      • by hawk ( 1151 )

        Oh, kind of like those folks with chihuahuas that think it's a breed of dog rather than rat? :)

        hawk

    • Re: (Score:3, Insightful)

      by jellomizer ( 103300 )

      It isn't about being right, it is about being legal.

      Morality and Legality are only loosely correlated.

  • by mark_reh ( 2015546 ) on Wednesday August 15, 2018 @09:06AM (#57130150) Journal

    and then they'll complain that the schools aren't producing the highly educated people they need to fill jobs, so they need more H1B visas. This same crap has been going on in Silicon Valley for decades.

    • by fluffernutter ( 1411889 ) on Wednesday August 15, 2018 @09:11AM (#57130188)
      This is also why public transit systems are crumbling.
      • by lgw ( 121541 )

        This is also why public transit systems are crumbling.

        The main reason public infrastructure in Cali is crumbling, despite the nations highest taxes, is pension costs. Infrastructure is a small cost by comparison. There are a couple ofcounties in Cali where pension costs are more than 100% of the budget. The cities tend not to be quite so strained, but pension costs are still typically more than half the budget.

        Personally, I think sacrificing infrastructure because the public sector union negotiators were sharks is a bad plan, so I voted with my feet years a

    • by Ranbot ( 2648297 ) on Wednesday August 15, 2018 @09:28AM (#57130336)

      If anyone finds information on how Apple calculated that $200 valuation please share. I searched but found nothing. An AppleInsider article did say this though: "It is unclear if the $200 valuations are for hundreds of dollars or are in fact for $200 million." ( https://appleinsider.com/artic... [appleinsider.com] )

    • To be fair to Apple, there isn't a strong correlation between education spending and education outcomes.
  • $250 (Score:5, Funny)

    by CaffeinatedBacon ( 5363221 ) on Wednesday August 15, 2018 @09:09AM (#57130166)
    I'll take them off their hands for $250.
    • Re:$250 (Score:5, Insightful)

      by azadrozny ( 576352 ) on Wednesday August 15, 2018 @09:21AM (#57130264)

      It would be funny to have the local municipality come in and take the property though eminent domain using Apple's valuation. I am sure the county or state could use the extra office space.

      • Re:$250 (Score:5, Funny)

        by stealth_finger ( 1809752 ) on Wednesday August 15, 2018 @09:44AM (#57130494)

        It would be funny to have the local municipality come in and take the property though eminent domain using Apple's valuation. I am sure the county or state could use the extra office space.

        They could be extra generous and give apple $400 so they can replace with two!

      • by mysidia ( 191772 )

        It would be funny to have the local municipality come in and take the property though eminent domain using Apple's valuation.

        Eminent domain requires justly compensating Apple for the loss of their property: not paying Apple the Proposed Tax Assessment value or the Fair Market value, that's not necessarily sufficient for just compensation. Even if the market considers their property worth only $5, and they might, if for example the property has special value to Apple which all other potential busi

        • Re:$250 (Score:5, Informative)

          by Solandri ( 704621 ) on Wednesday August 15, 2018 @10:20AM (#57130804)

          Eminent domain requires justly compensating Apple for the loss of their property: not paying Apple the Proposed Tax Assessment value or the Fair Market value, that's not necessarily sufficient for just compensation. Even if the market considers their property worth only $5, and they might, if for example the property has special value to Apple

          If both the buyer and seller agree on a valuation, that would be just compensation. Your example is based on the property having special value for Apple. Yet Apple themselves estimated its value as $200, which is their legal admission that it has very little value to them, special or not.

  • apply a similar steep discounted valuation, to any apple product, to arrive at its true worth as a product.
    rest is hype and manipulation of herd behavior.

    apple product user = herd animal with low agency

  • Sounds good to me (Score:5, Insightful)

    by rsilvergun ( 571051 ) on Wednesday August 15, 2018 @09:13AM (#57130200)
    Apple is clearly making very poor use of the land this lowering it's value to catastrophic levels. I say San Francisco used Eminent domain to take the land and put it to good use (perhaps for public housing). The city will, of course, compensate Apple for the full, fair market value of $200. Heck, I say pay them twice that, an almost unheard of $400 dollars, to cover the expanse of obtaining a new headquarters. I mean, when you put it like that it's a win win
    • Don't be stupid. In typical Apple style they'll want a lot more profit from that sale.

      I say offer them 600 dollars just to be sure.

  • by frank_adrian314159 ( 469671 ) on Wednesday August 15, 2018 @09:15AM (#57130212) Homepage

    Let people set their own valuations, but the valuation is also a public tender for sale at that price.

    • by wed128 ( 722152 )

      Here's the problem with that: my house is worth probably less then apple headquarters. I don't want somebody to show up and buy it out from under me against my will at any reasonable price. My house is not for sale: why should it be for sale at all times just for a tax evaluation?

      • by Phat_Tony ( 661117 ) on Wednesday August 15, 2018 @09:36AM (#57130410)
        That's right. This kind of rule, in effect, would force everyone to grossly overstate the value of everything and pay ludicrous taxes to avoid unnecessary risk of a sudden forced move. However, there may still be a better way to handle this that preserves the idea. For example, if someone makes an offer to buy at twice your valuation or more, you must either sell, or change your valuation to the new offer and pay a few years of back taxes at the new valuation. This would make forced moves always avoidable, but would still provide a reality check between claimed value and market value. In this case, if the real value of a building is $1B and Apple's claiming $200, someone would surely make an offer at $700M or so and then Apple would have to either sell or change the evaluation to $700M and pay several years of back taxes at the $700M price.
      • Here's the problem with that: my house is worth probably less then apple headquarters. I don't want somebody to show up and buy it out from under me against my will at any reasonable price. My house is not for sale: why should it be for sale at all times just for a tax evaluation?

        Yeah but you can't really say it's only worth three dollars but its not for sale, it's the reasonable price bit. Also what kind of house do you live in if you think its only 'probably' worth less than apple HQ?

    • That approach sounds clever at first, but think about it for much longer and it starts to stink.

      Most obviously, it would give the rich a means to punish anyone poorer than them for any reason. For instance, suppose you saw that Paris Hilton was in the news again for doing something you didn't approve of and you decided to say something rude about her. Suppose that she happened to become aware of your comment and decided that she didn't much care for it. With the Hilton fortune at her beck-and-call, she coul

  • Lie on taxes (Score:5, Insightful)

    by nitehawk214 ( 222219 ) on Wednesday August 15, 2018 @09:16AM (#57130226)

    If an individual lies on taxes, they go to jail.

    If a corporation lies on taxes, they get rewarded.

  • "Some claims reflect extreme differences in estimated values. In one appeal filed in 2015, Apple said that a cluster of properties in and around Apple Park in Cupertino that the assessor valued at $1 billion was worth just $200. In another, property that the assessor valued at $384 million was, in Apple's view, worth $200, according to an appeal application."

    What an amazing coincidence that two properties, one assessed at over double the value of the other, are both only worth $200 according to Apple.
    • Expert witnesses have credentials, and that world is pretty small. If someone is seriously arguing in a legal filing that a billion dollar property is worth 200 bucks, they should face professional sanctions or at least ridicule. I would for sure use that nonsense against said "expert" if I ever ran into them again.
  • Re: (Score:2, Insightful)

    Comment removed based on user account deletion
    • by Jaime2 ( 824950 )
      School taxes are linked to property taxes because that's how we make sure that the schools with the wealthy people get most of the money. If you "fixed" that, you would have a riot on your hands - most of the upper middle class would lose of ton of home value if their schools were suddenly funded the same as all of the other schools.
    • by Nidi62 ( 1525137 ) on Wednesday August 15, 2018 @10:24AM (#57130838)

      Tax on the poor? Sure, but the poor pay property taxes too. You think rental owners don't pass that onto their tenants? The renting poor pay a share of property taxes too and have to do so even in bad times. Switching that to sales and income taxes would at least let the poor to reduce that equivalent tax payment when things get really tough (as you can't tax non-existent income and they can stop spending on non-essentials)

      And you really think that, if property taxes are abolished, landlords will actually drop the prices correspondingly? And stop spending on non-essentials? The reason people argue that sale taxes are regressive is that the poor are already spending less of their money on non-essentials than wealthier people because most of their money already goes towards essentials. increase sales taxes and for a lot of people the situation doesn't become "oh, guess I have to hold onto my iphone for another year", it becomes "can I afford to eat dinner today".

    • by jeff4747 ( 256583 ) on Wednesday August 15, 2018 @10:39AM (#57130970)

      They are the single most "regressive" tax we have

      No, sales taxes are far more regressive.

      Property tax: poor person lives in cheap house, pays little in property taxes (directly or via rent). Rich person lives in expensive mansion, pays lots in property taxes.

      Sales tax: poor person buys a lawnmower, pays sales tax. Rich person hires a lawn service, directly pays $0 in sales tax. The sales tax for the service's much more expensive lawnmower is spread over all of their customers, resulting in less sales tax per customer.

      The poor and middle class tend to buy goods, which are subject to sales tax. The wealthy tend to buy services, which are not subject to sales taxes. Sales tax for the goods that are bought by those services is spread over more people, resulting in an overall lower sales tax rate.

    • by Ichijo ( 607641 )

      [Property taxes] are the single most "regressive" tax we have

      False [itep.org].

      But what we really need are fees proportional to the land parcel's burden on the city. For example, a property with a long street frontage requires more city money to maintain the street, the sidewalk, the sewers, and the trees, so a street frontage fee would be appropriate and give the poor a new opportunity to save money on their living expenses by living in a building with a narrow front.

      Replacing property taxes with property burden fee

  • by UnknowingFool ( 672806 ) on Wednesday August 15, 2018 @09:26AM (#57130306)

    If you read the article, Apple didn't say that its HQ was worth $200. From SF Chronicle article:

    Some claims reflect extreme differences in estimated values. In one appeal filed in 2015, Apple said that a cluster of properties in and around Apple Park

    in Cupertino that the assessor valued at $1 billion was worth just $200. In another, property that the assessor valued at $384 million was, in Appleâ(TM)s view, worth $200, according to an appeal application

    What are these properties? I don't know. I'd have to look at the appeal. It could be that the dispute is not over the HQ.

  • #clickbait (Score:2, Interesting)

    by Aero77 ( 1242364 )
    Arguing that your property is worth less than what the government is estimating, for the purpose of trying to lower your property taxes, is standard procedure everywhere. Apple doing it doesn't make this tech news.
    • Doing it on this grand a scale is breathtaking. Look at this way - if you're otherwise paying your fair ( NOT legally obligated, but FAIR) share of taxes and if you claim your 5,000 sq ft house is worth $1.2M when it's really worth $1.21M, you get a pass in my eyes.

      If you're the richest company in the world and are claiming an entire office is worth $200, and you don't see a problem with that, I'm not sure I can do anything to convince you otherwise.
    • by Nidi62 ( 1525137 )

      Arguing that your property is worth less than what the government is estimating, for the purpose of trying to lower your property taxes, is standard procedure everywhere. Apple doing it doesn't make this tech news.

      Arguing that a building appraised at $1m is really only worth $750-800k, ok. Fair enough. Arguing a set of properties appraised at $1b is only really worth $200? That's tax fraud. A couple percent off is fine, but not 99.99998%

  • by Larsen E Whipsnade ( 4686581 ) on Wednesday August 15, 2018 @09:30AM (#57130348)
    What you can and can't get away with.

    Everything else is just talk.
  • Apple argued that buildings it owned around Cupertino, where it is headquartered, were only worth $200 instead of the $1 billion tax assessors deemed in 2015,

    If that's the case, I'd be willing to buy it from them at double the value they're claiming it to be worth. That should make them happy as they'll make double what it's worth to them.

  • But ... but ... Steve Jobs! Looking thoughtful! Memes!
  • Given a corporate tax of 21% I'm led to believe Apple took in about $280 million in profit last year from the $56 million in taxes. Oh wait they made closer to $10 billion. Maybe they should pay their damn taxes or get the hell out of the US. It's appalling we let corporations get away with this, even more we seem to encourage it. Given Apples ample reserve cash there is absolutely no excuse for this, this should be enough for people to wake up and boycott their products, as if the consumer gouging on exces
  • Cupertino to Apple: "We are expropriating your property and will pay you $200,000 which is 1000 times market value, so you have no basis for a complaint."
  • So, if these are valued at $200, it should benefit the shareholders if I was to make them the lucrative offer of $500 per building, correct?
  • by Solandri ( 704621 ) on Wednesday August 15, 2018 @10:38AM (#57130954)
    Commercial buildings are depreciated over 39 years. That is, the building's construction cost is a business expense, and thus tax deductible (you don't pay tax on the money you spent on expenses). But because it's a purchase that's used for so long, you're not allowed to deduct the whole thing in a single year. Instead, you take the building's construction cost, and divide it (depreciate it) over 39 years, and use that as your annual tax deduction.

    If Apple says the building is only worth $200, then their tax deduction for building depreciation over the next 39 years can only be a maximum of $5.13 per year. So either they pay the property tax on a $1 billion building (which at Prop 13's 1% cap and utilities of about 1% works out to about $20 million/yr in taxes), or they lose an annual tax deduction of ($1 billion) / (39 years) = $25.6 million (which at the 35% corporate tax rate would be $8.96 million/yr).

    I suspect what's going on is some accountant did this math and decided it would be cheaper to give up building depreciation in exchange for a lower tax assessment. But now their gig has been discovered and they're at risk of both losing the building depreciation tax deduction, while having it assessed at its full value for property taxes. If that's not what they're doing, and they're audaciously depreciating the building by $25.6 million on this year's taxes while simultaneously claiming it's only worth $200 for property tax assessment, then this is simple. They've legally admitted to the IRS that the building is worth $1 billion. Claiming to the assessor that it's only worth $200 constitutes fraud and possibly perjury.
  • by Fencepost ( 107992 ) on Wednesday August 15, 2018 @12:16PM (#57131774) Journal
    (rephrased slightly from my comment on the article)

    A simple legislative solution to address some egregious property tax assessment appeals would be to mandate that when submitting a proposed valuation, the taxing body has the right to immediately purchase the property for some TBD multiplier of your submitted valuation. I suspect that multiplier should be in the 3-5x range.

    Obviously there'd need to be reasonable allowances for time to move out, but the cost of moving should be covered by the multiplier.

    If Apple wants to contend that a chunk of property is only worth $200, great! I'm sure the city can find $1000 to properly compensate them for that property and the cost of vacating it. Perhaps the city can find something more beneficial to do with that property that might provide more tax revenue.
  • by k6mfw ( 1182893 ) on Wednesday August 15, 2018 @04:03PM (#57133514)

    I was curious of online property tax for the new Apple campus in Cupertino, I found APN for that location 316-07-049 SCCtax webpage returns "No bills found for property 31607049 in fiscal year 2019." I did find this from https://www.sccassessor.org/in... [sccassessor.org]

    Current Information
    Document No: 21115138 Document Type: GRANT DEED
    Transfer Date: 3/18/2011 Tax Default Date: N/A
    VALUE INFORMATION (Assessed Information as of 6/30/2018)
    Real Property
    Land: $439,402,436
    Improvements: $398,600,000
    Total: $838,002,436
    Business
    Fixtures: $0
    Structure: $0
    Personal Property: $0
    Total: $0
    Exemptions
    Homeowner:$0
    Other: $0
    Total: $0
    Net Assessed Value
    Total: $838,002,436

    • by k6mfw ( 1182893 )

      I forgot to look at payment history, here it is for 19400 HOMESTEAD RD CUPERTINO

      My Payments Payment Posted
      $4,794,797.44 03/23/2018
      $4,794,797.44 12/11/2017
      $4,020,990.67 03/22/2017
      $4,020,990.67 11/30/2016
      $6,082,296.32 03/10/2016
      $6,082,296.32 11/24/2015

  • by Prien715 ( 251944 ) <agnosticpope.gmail@com> on Wednesday August 15, 2018 @04:34PM (#57133692) Journal

    It is also the county's biggest taxpayer, paying $56 million in the 2017-2018 tax year.

    Let's see. Revenue of $229 billion for 2017 [statista.com] $.056 billion/ $229.23 billion = 0.02446% tax rate. Most individuals pay between 20-50% of their income (depending on the country). This is even more loony than the $200 campus. Can I buy your campus for $300 Apple -- you can make a 50% profit!

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