IRS Tactics Against Meta Open a New Front in the Corporate Tax Fight (nytimes.com)

168 points by mitchbob 10 hours ago

laughing_man 11 minutes ago

Differential pricing schemes are the primary way Corporations avoid corporate income taxes. I remember reading an article by an old Africa hand where he quoted the manager of an international corporation being exasperated with him and saying "You think I'm actually trying to make money here? This is all about taxes."

In theory overpaying for modules produced by your subsidiary, or overpricing IP, in a low tax country is illegal, at least in the US, but so much of that is subjective it's difficult for tax authorities to actually do anything unless the numbers are eggregious.

zoobab 6 hours ago

I wrote about this 20 years ago:

http://digital-majority.wikidot.com/forum/t-5766/software-pa...

In the meantime, Ireland removed their 0% tax over patent royalties, but Holland kept it at 0%.

https://en.wikipedia.org/wiki/Double_Irish_arrangement

bobthepanda 2 hours ago

Your 20y old site gave me https errors when I tried to click it, fyi

q3k 2 hours ago

Don't access it over https then? The link is http.

01HNNWZ0MV43FF an hour ago

philipallstar 3 hours ago

Corporation tax is so annoying, with so many r&d caveats etc. Just tax outflows.

masfuerte 7 hours ago

> contending the company lowballed the price of trademarks, customer agreements, software licenses and other rights it moved offshore

At the same time they were telling HMRC (the British tax authority) that IP rights, etc. were incredibly valuable and a significant cost of doing business (in the form of payments back to the mothership), and that's why they made very little profit in the UK and didn't need to pay much tax.

pjc50 6 hours ago

Trying to trace more detail on this: https://www.taxwatchuk.org/seven-large-tech-groups-estimated...

That mentions the digital services tax; I remember some of HN being quite angry that "Europe" was trying to get a share of the immense wealth extracted from it by American multinationals.

Muromec 2 hours ago

Wealth extracted from a company sounds like taxes.

loeg 6 hours ago

"Wealth extracted from it" seems like a disingenuous framing of "voluntary market exchange of money for services." It's not like Europe is a colony. Tech companies only make money by providing goods and services people choose to pay for.

m4rtink 5 hours ago

heavenlyblue an hour ago

The have to share their wealth because they are allowed to operate within a stable legal framework that everybody else is paying for except them. It seems like US isn't using their own taxes efficiently enough given that CEOs dont get killed on the street in the EU but they do get killed in the US. And these corporations arent willing to pay for that, well then they should not be allowed to operate here either.

philipallstar 3 hours ago

What you mean is American multinationals were inventing things people wanted to pay for and the existing government rent seeking wasn't working.

moomin 7 hours ago

I see a very funny fight on our hands.

rolandog 6 hours ago

Ah, the next level in determining Schrodinger's cat's outcome is if the detector measures Zuckerberg's profit taxability instead of radiation decay; the measurement's results depend on who is carrying them out, where they've taken place and, in all instances, the cat kills itself due to our inability to fix the crazy rich-favoring taxation systems.

siliconc0w 6 hours ago

If Corporates can offshore their IP I should be able to offshore my likeness and rent it back to myself to reduce my personal taxes.

jedberg 5 hours ago

You can. It would just cost you so much in legal to not be worth it.

The reason it's worth it for these companies is because the number of zeroes involved. The legal costs are a rounding error for them.

monster_truck 4 hours ago

Also true for just not paying taxes at all. The number of times I have had people tell me that they just let it float for years so they can settle up for a fraction later is unbelievable.

eikenberry 3 hours ago

cheriot 4 hours ago

nzeid 4 hours ago

kylehotchkiss 4 hours ago

that's some sovereign citizen thinking right there, don't get your car window smashed in when you get pulled over for your diplomat plate :D

RobotToaster 2 hours ago

Didn't Stephen Colbert claim he was an actor playing the character Stephen Colbert as some kind of tax dodge?

conception an hour ago

What else would you describe him as doing?

mitchbob 10 hours ago

> The agency is using real-world profit data to challenge how big companies value offshore intellectual property.

https://archive.ph/2026.02.24-124153/https://www.nytimes.com...

forgotaccount3 3 hours ago

My only concern here is that it's using ex post facto information to try to dispute earlier assessments.

If I 'moved' some AI 'patents' to another country 5 years ago and stated they were worth $x using some formula and now some years later the government steps in and says 'No no no, you earned $x + $y and lied on the original value which should have represented the discounted future income!' that's not disputing the formula used in the original point. It's just that 5 years ago people underestimated how far and how valuable AI would be.

notyourwork 8 hours ago

Probably less about tax revenue and more about the executive branch squeezing tech companies to assert influence.

bonsai_spool 8 hours ago

> Probably less about tax revenue and more about the executive branch squeezing tech companies to assert influence.

Absolutely not about this, as is clearly reported in the linked article.

notyourwork 8 hours ago

ambicapter 8 hours ago

I doubt the current executive branch has enough brain trust to understand these sort of tactics.

lenerdenator 7 hours ago

bilekas 8 hours ago

> The agency has lost more than a quarter of its staff, withdrawn directives to auditors to crack down on aggressive tax shelters and permitted other auditing efforts to falter.

When you see a government doing this, you know they're not interested in collecting Tax from their rich buddies.

This case will sit in limbo for 20x years.

yellow_lead 8 hours ago

Or they'll settle with Meta in a few years for a small fee with no admission of wrongdoing to save face.

InkCanon 4 hours ago

Meta is actually at a huge disadvantage here. The IRS has a litigation success rate of 93%. It's an astoundingly successful legal entity.

shagie 4 hours ago

aljgz 4 hours ago

kgwxd 5 hours ago

Or they weren't happen with the amount of bribe money we already know they paid, and so now they're being made an example of. Standard Mob protocol.

mothballed 7 hours ago

>..withdrawn directives to auditors to crack down on aggressive tax shelters..

The above might be a salient point, but as for the 1/4 auditors lost and the rest:

The low income (under 25k) with EITC, were the largest audited group with 298,485 of 626,204 audits performed in 2022. The rest of those earning under 200k had 250,391 audits.[] 48% of audits were under 25k income w/ EITC. 87% of audits were people under 200k income.

Kind of interferes with the idea these audits were all about going after the "rich buddies." They were way more about going after the poor than they were about going after the rich.

[] IRS management audit reports obtained via FOIA by via TRAC / https://tracreports.org/reports/706/

hnburnsy 7 hours ago

This has been debunked as these are just data matching audits as EITC is full of fraud with an estimated 30% of over claiming and improper payments by taxpayers.

axus 6 hours ago

mothballed 7 hours ago

orwin 6 hours ago

What percentage of that is automated audit, and what percentage is manual audit? Nowaday my country is mostly sane with tax filings, but in the weird time between the 90s and the 2010s, we had an uptick in "fraud" by low-income earners. This was caused by inconsistencies between filed data and the data the IRS equivalent had, but i guarantee you no effort was put into thsi (except secreterial manpower for the hotline/mail), that was just automated system ringing.

In fact my first college side-job was exactly that, responding to taxpayers who were "caught" by the automated system and needed a payment delay.

jcarreiro 7 hours ago

There are many, many more tax returns filed by people earning under 200k adjusted gross income than those earning more, I assume. So if there's a uniform chance that a return is audited, we would expect most audits to be done on returns under that threshold.

Of course, it may not make sense to select returns uniformly at random for audits...

ryandrake 6 hours ago

mothballed 7 hours ago

mikestew 7 hours ago

Kind of interferes with the idea these audits were all about going after the "rich buddies."

I think you misread the parent comment, who said exactly the opposite.

idontwantthis 7 hours ago

Biden and democrats increased funding in order to have the resources to go after rich offenders and they were doing it successfully and earning more than it cost, but Trumpublicans immediately rescinded it. It’s all public record go look for it.

gamblor956 6 hours ago

mothballed 7 hours ago

reactordev 8 hours ago

Exactly. This is just one big tech fighting another big tech using the government as a weapon.

lenerdenator 7 hours ago

Ayup. Trump was able to get a stay on a case on an "allegedly" improperly-applied tax write-off for his casino's bankruptcy. It's been in limbo at least since 2016. Ten years. This is the standard operating procedure for people at that level of wealth.

Which would suggest that perhaps that level of wealth doesn't need to exist in our society.

tempodox 5 hours ago

> that level of wealth doesn't need to exist in our society.

But then the inquisition arrives saying this is socialism or whatever.

scottyah 5 hours ago

0xy 3 hours ago

This is an extremely common misconception (or lie, depending on who's saying it). The IRS, even before the cuts, targets exclusively the middle class.

More agents = more middle class shake downs.

63% of the IRS' audits under the Biden admin targeted those earning sub-$200K.

People earning $25K a year are MORE likely to be audited than those earning $200K, too.

adolph 2 hours ago

> 63% of the IRS' audits under the Biden admin targeted those earning sub-$200K.

In 2022 92.3% of filers reported income of less than $200K [0]. An audit rate of 63% is lower than what one would expect if audit-attracting behavior was evenly distributed across the population.

0. https://www.irs.gov/statistics/soi-tax-stats-individual-stat...

0xy 2 hours ago

up2isomorphism 6 hours ago

It will be very naive to believe adding IRS staff will help with that. It is far easier to audit W2 employees than dealing with mega corporations.

kccqzy 5 hours ago

It is very naïve to think adding staff won’t help. Just look at what the IRS did before staff was cut; they investigated Microsoft aggressively and announced $29 billion in back taxes for 2004 to 2013, plus penalties and interest.

AnthonyMouse 4 hours ago

loeg 6 hours ago

> It will be very naive to believe adding IRS staff will help with that. It is far easier to audit W2 employees than dealing with mega corporations.

You're saying auditing megacorps is hard, but somehow more staff won't help? I don't buy it.

AnthonyMouse 5 hours ago

pimlottc 6 hours ago

up2isomorphism 6 hours ago

spiderfarmer 7 hours ago

At what point does the term “regime” become an accurate description of that government rather than a derogatory label?

p_j_w 6 hours ago

When their agents execute people in the street with no repercussions.

autoexec 5 hours ago

wiml 3 hours ago

"Regime" is mostly derogatory among the terminally online. It's an accurate description of any government, regulatory system, zone of applicability of a natural law, etc etc.

tempodox 5 hours ago

Are you suggesting that an accurate description would not be derogatory?

kgwxd 5 hours ago

Long, long time ago. Accuracy don't matter to enough people though.

mrbluecoat 8 hours ago

> I.R.S. auditors have been pursuing Meta for about a decade

Soon: "I.R.S. auditors have been pursuing Meta for about [a decade + length of current administration term]"

blinding-streak 8 hours ago

loeg 6 hours ago

> [The IRS] say the company failed to report roughly $54 billion in income and owes nearly $16 billion in back taxes and penalties.

That's... just not very much? The claim is that Meta's global ex-US income for the last 15+ years is less than a single year's US income? I really wonder how they came up with this number.

Disappointingly little detail in the article about how the IRS justifies the claim that the 2010 price was low (obviously, later profits would not be completely foreseeable at the time -- in 2010 Facebook was simply a much smaller business), or any detail about the 1986 law. It seems pretty farcical to retcon a purchase for being too cheap with evidence from 16 years later.

snowhale 5 hours ago

the B is specifically the delta on the IP transfer pricing -- the IRS is saying the 2010 valuation of the intangibles moved to Ireland was too low, and then projecting forward what the income should have been attributed to the US entity under arm's-length pricing. it's not Meta's total ex-US income, it's the gap between what was reported and what IRS thinks a proper cost-sharing arrangement would have produced. the hard part for IRS is always that the 2010 valuation is inherently speculative -- Facebook was pre-IPO and the IP value is defined by future performance you can't know at transfer.

mcs5280 8 hours ago

Surely Zuckerberg's bribe check is in the mail already

kotaKat 7 hours ago

The "check" is what's given for a political favor and the "balance" is what goes up once the check clears.

Simple enough lesson to me!

mentalgear 7 hours ago

You mean send to one of Trumpo's milliard Crypto *hitcoins, just like civilised nations like the UAE, Russia or the saudis do it?

dylan604 7 hours ago

You're brave enough to post about Trump, yet chicken*hit enough to not type out the word shit? What standards are you setting for yourself?

mannanj 4 hours ago

Yes great, and our local governments are also focusing on going after US persons who decide to register their vehicles in Montana and transfer ownership rights to LLC for privacy reasons. "Tax evasion" is the only legitimate use of that, they say, only to the small man of course.

wawaWiWa2 5 hours ago

IRS Tactics Against Meta, Opens a New Front in the Corporate Tax Fight

There. I fixed it for you. Now you have a meaningful headline

persedes 4 hours ago

One thing I'd love the US to do was something that happend in Germany ~2015, where they bought a lot of "Steuer-CD"s, with leaked info about people hiding money in offshore accounts. Then they allowed everyone to self report and applied more scrutiny to larger corporations which in total added several billions in revenue.

gryffyn an hour ago

Germany continues to do that, North Rhine-Westphalia just bought a >1TB dataset in 2025.

https://www1.wdr.de/nachrichten/landespolitik/offshore-steue...

mothballed 4 hours ago

The US passed FATCA in 2010, you can't operate a foreign bank that touches US anything without snitching out accounts with US persons as ultimate beneficial owner.

ur-whale 6 hours ago

raverbashing 7 hours ago

I wonder how much Meta wrote off with their Metaverse adventure

Nevermark 7 hours ago

Well that was a 100% certifiably genuine ridiculous loss.

It is interesting how corporations develop personalities, that can do some things well but reliably fail at others. No matter the funding, personnel or efforts. And in this case, by developing a personality I mean enabling Zuck.

loeg 6 hours ago

About $16 billion a year, every year since 2022 or whatever. You can see RL spending in their public financials. Every company deducts ("writes off") R&D spending.

rwmj 7 hours ago

If it wasn't every last penny of their spend then they weren't being honest with themselves.

amelius 6 hours ago

IRS is using AI now too.

josefritzishere 7 hours ago

Tax evasion is so pervasive at large companies that I have come to the conclusion that we need to start criminally charging the c-suite. Without personal consequences they're never going to change.

loeg 5 hours ago

There's no crime element here.

x3ro an hour ago

According to the laws written by politicians who happen to get large donations from those exact C-level folks, of course only for their campaigns :)

numbers_guy 7 hours ago

The less they tax corporations the more the burden will fall on income tax. These big multinationals have been defrauding countries worldwide for decades. The issue is at the core of the political turmoil we are experiencing.

I'd like to know how much less income tax would be, if we could tax multinationals properly.

which 7 hours ago

The tax avoidance schemes used by most major US companies are to avoid US taxes on foreign income. Most developed countries have territorial tax systems so their companies do not even need to use these fancy legal maneuvers because the income is largely exempt anyways.

In any given year corporate income tax is like 6-10% of federal receipts so even if that was doubled there would not be a huge decline in income taxes needed. The way the US does corporate tax is really also not that great from an economic perspective because it is a form of double taxation. The Estonian model of only taxing distributions incentivizes investment and avoids many debates over depreciation etc.

erfgh 7 hours ago

The income tax would be less but so would be your salary. The corporate tax is another cost for the company.

shagmin 5 hours ago

That's a bit tenuous. Corporate taxes are a cost after profit, which usually means whatever is left over after expenses. This means companies could pay higher salaries specifically to avoid corporate taxes, or invest in things instead.

ck2 7 hours ago

We cannot tariff our way out of debt by taxing consumption by individuals just needing to eat and live

Billionaires silo-ing massive wealthy beyond multiple lifetimes must pay their taxes

and Trillionaire corporations

Each state now has several Billionaires, there are almost 1,000 in the USA

They need to pay their damn taxes, a flat tax without deductions for everything over a million dollars of income per year

https://en.wikipedia.org/wiki/List_of_U.S._states_by_the_num...

https://worldpopulationreview.com/state-rankings/most-billio...

trollbridge 6 hours ago

Note that the issue at hand here is almost entirely about corporations earning money overseas and then trying to "import" the money back into the U.S. whilst dodging taxes. It's quite germane to the same concept as tariffs, although not the exact same thing.

timacles 7 hours ago

Get ready for a lot more billionaires and a lot more poor people in the next 5-10 years

dfxm12 8 hours ago

The agency has lost more than a quarter of its staff, withdrawn directives to auditors to crack down on aggressive tax shelters and permitted other auditing efforts to falter.

Remember the fear mongering ads [0] Republicans ran during the 2022 midterms about arming IRS agents to act as a shadow army to go after every day law abiding people? As it turns out, Republicans were just talking about their own plans for ICE. Remember, every accusation from Republicans is an admission. Additionally, they don't care about crime, as they are specifically turning a blind eye to rich people and corporations breaking the law.

0 - https://www.cbsnews.com/news/republicans-87000-irs-agents-mi...

raw_anon_1111 8 hours ago

With the way that Zuckerberg both kisses up to and has bribed the current administration by “settling lawsuits”, this won’t go anywhere.

b112 8 hours ago

Solution (for big corp)?

Mega is big enough to buy entire islands, and be its own country. A corporate country. One with a very specific constitution, enshrining rights, but also?

No corporate taxes.

If done right, you could lure away Western judges, police, and more as they retire. Or retire early. You could lure them away not with high salaries, but with shorter work days, AI assistance, and with it being a tropical paradise.

Compared to the billions Meta would pay in taxes annually, this endeavour would be far cheaper. And citizens would still pay taxes, of course.

Now imagine if Google, Musk Corps, Meta, and others all created a consortium to do just this, and, to build and fund the initial island.

I agree, not fully plausible. But... these guys can do a lot of interesting things, and I think if it was truly a tropical paradise, and land and housing was cheap and aplenty, lots might be interested in moving there.

Certainly, hiring the "glue" of society would be easy. I know so many people who retire to third world nations, but anyhow...

Yes, holes but, maybe something to ponder.

Corporate towns have existed, why not corporate nations?

edit:

As I've said elsewhere, it's -20C outside my door, so a tropical paradise with cheap housing and flying cars, and AGI and beaches and free coconuts may be masking my thoughts a bit.

So downvote me, as you are. It burns, but by god it's -20C outside so that's just fine.

(warms hands over burning post)

pjc50 6 hours ago

This is basically describing the Cayman Islands. Or, to lesser extents, UAE or Malta (e.g. https://taxjustice.net/2026/02/24/malta-the-eus-secret-tax-s...).

The problem with this warm Galt Gulch idea is that someone has to do the actual work, and if the top level government is just a corrupt sinecure designed to shield the corporation from actually paying taxes, then nothing works properly. Comfortable island living is also surprisingly expensive, you have to import everything.

trollbridge 6 hours ago

Operating a military, maintaining positive diplomatic relations with other countries, and keeping your workforce pacified might be more expensive than you think.

Not to mention that a lot of people prefer to live in a democracy instead of a giant company town, unless you compensate them really, really, well, and even then, well-heeled people are notorious for starting revolutions.

laylower 7 hours ago

This would not work. Investors are still based in actual countries. Jurisdictions will also always have the ability to tax a % of revenue at source / where it was generated and not on profit rolled up through spvs to a couple low tax havens ;)

chii 8 hours ago

> Corporate towns have existed, why not corporate nations?

because they dont need to do that. They can already obtain what they want with smaller tax havens that have already established trade/tax treaties, have existing facilities, infrastructures, etc.

b112 7 hours ago

This whole article is about "not anymore that way". So now we need a new way. A way where it isn't -20C this morning outside my door, OK?

pkilgore 4 hours ago

Because they know for some problems it's easier to pay for the service than take the CapEx.

dctoedt 7 hours ago

> Mega is big enough to buy entire islands, and be its own country. A corporate country. One with a very specific constitution, enshrining rights, but also?

It's a charming thought. But it can't possibly survive the brute reality that the world is full of people with guns, planes, drones, boats/ships, missiles, etc., who feel entitled to call the shots, and sometimes to take whatever they can from whomever they can.

avmich 7 hours ago

> Corporate towns have existed, why not corporate nations?

Will those nations survive Maduragate? Won't in essence it make easier to deal with if they aren't under souvereign law, only international?

dredmorbius 5 hours ago

What exactly is "Maduragate"?

dredmorbius 29 minutes ago

zf00002 7 hours ago

Snow Crash's Franchise-Organized Quasi-National Entities.

dsr_ 6 hours ago

Also a Torment Nexus.

floatrock 8 hours ago

Sounds easier to just buy a few congressmen and a circuit judge or two.

b112 7 hours ago

Listen my friend. It's -20C outside my house, so I'll kindly ask you to allow this fantasy to continue unabated in my mind, OK? A tech haven, filled with flying cars, and AGI, and warm sandy beaches, and...

TacticalCoder 7 hours ago

One question is: does the US wants to keep its big tech leader ship or not? Thankfully for the US the EU is nowhere in tech (biggest market cap is SAP and it's tiny compared to the US giants). But China is becoming big and quickly.

RAM makers are going to feel the heat from China soon. Batteries makers. China is eating the world with its EVs. Drones, etc.

If you're not nice with your corporations, they incorporate elsewhere: that's why the EU is nowhere in tech. Insane taxes since forever and a very strong anti-entrepreneurship mindset (in the EU you're a loser if you tried and fail, for example).

Companies like Meta, Google, MSFT, Apple, etc. should receive medals and thanks from the US government for the insane amount of money they syphon of the other countries and the wealth they create for the US.

Some countries are understanding this: in the UAE for example Dubai is now the world's busiest airport in the world for international passenger traffic. Some countries really fucked up big times to allow this to happen. Dubai is also now a very important hub for commodities trading. And diamonds: Antwerpen/Anvers (Belgium) used to be the city where the most diamonds exchanged hands, now it's... Dubai.

There is such a thing as competition between nation states and at some point entrepreneurs simply pick the best place to launch their businesses. And having the IRS using "tactics" to say that Meta owes them tens of billions does not send a nice message to people wondering in which country it's best to incorporate.

I now live in the country with the 2nd or 3rd highest GDP per capita in the world and that requires a mindset where businesses are welcome, entrepreneurs are welcome and the IRS doesn't feel like they're out there to get you at any cost.

And I'm here because I voted with my feet, my wealth and the future wealth I was going to create.

hirako2000 7 hours ago

Everything in correct. But one omission there is politics. People occupy nations and don't all have the same interest. Those (felt, or actually) left aside, not benefiting enough from the macro growth speak and act in their interest.

The people in the E.U arguably are more successful at getting their demands met. They typically are less fooled by the "American dream", they see Zuckerberg and the others for what they are, a tiny number of lucky, or privileged, sometimes just very gifted unicorns, the extreme majority won't make it so they want social welfare, this tax.

The IRS going after big corp may simply be the result of this MAGA movement, which underneath really is just a popular uprise for the little guy to get a slice of the lie.

Of course the current head of state is a master manipulator so this news may just be fluff to make his electorate happy

Nevermark 7 hours ago

There is being hospitable to startups, and there is being hospitable to massive corporate giants.

Turns out there is a big difference in what “hospitable” actually means in these two cases. Although the tech giants don’t want people to think so. They work hard to keep up their “scrappy” underdog patinas.

I am not for punishing any organization for being successful, or for being big. But actual neutral tax parity, for the middle class up, would be good. The rich have so many tax-not-neutral alternate ways to do the same thing, but with lower or no taxes, it is ridiculous.

Progressive taxation isn’t effective for the most part. And when it is, the high disparity in application is its own kind of unfairness.

But inescapable neutral tax treatment would remove so many high paying financial, legal and lobbying jobs. Who would subsidize political careers if we eliminated that work, and cut of those perverse incentives? Not a likely scenario.

OsrsNeedsf2P 5 hours ago

Oh no! Heaven forbid nations around the world tax mega corporations and lead to a more balanced way of living

pjc50 6 hours ago

> If you're not nice with your corporations, they incorporate elsewhere

> China

China has capital controls and can still have billionaires "disappeared" (Jack Ma). And yet its industrial strategy seems to be working.

ceramati 7 hours ago

This is one of those situations where I hope both parties duke it out to the maximum extent and completely obliterate each other.