This week I spent some time digging into the accusations of Senators Levin and McCain regarding Apple tax avoidance.  Most people know that tax avoidance is perfectly legal (and every accountant will advise on how to accomplish it), whereas tax evasion is illegal.

Anyway, I wrote a fairly opinionated piece, as is usually the case with what I write, about this topic at iMore.  You can see how many people think I’m a jerk in the comments.  Some of it is entertainment, some of it is quite interesting to consider.  Read it here.

Understanding Apple’s Holding Company

What bugs me the most is what I can only describe as a horrendous misunderstanding by most people (even the financial media) to grasp the concept of a holding company.

Apple uses a holding company in Ireland, and it is absolutely true that this holding company generates HUGE profits and pays essentially no tax.  That is the headline story people write about, and the implication is there is something sinister about it.  There isn’t.  It’s totally logical and Apple explained it very well in its document here on page 14:

It should be emphasized that AOI does not reduce Apple’s tax bill in the US. If AOI did not exist, the funds it receives from other foreign subsidiaries through dividends would simply remain in the custody of those subsidiaries and would not be subject to US corporate income tax. However, without AOI, Apple would lose the considerable risk management and administrative benefits it provides for the Company’s international operations.

The bottom line is that Apple’s foreign subsidiaries generate real income and pays real income tax.  They then funnel the remaining after tax money through to an Apple holding company using inter-company dividends.

Question: If you had 3 or 4 bank accounts and you decided to move all that money to a single (new) bank account, do you think you should pay tax for moving your money?  Of course not!  Yet that new bank account (which in this analogy is Apple’s holding company) would recognize huge revenue and no expenses, so it would post a gigantic profit if it was a company.  So why the hell is everyone acting so stupid about this, as if Apple is doing something wrong?

Apple’s holding company is simply a repository for its offshore cash, and a way to manage the money from one company.  It’s the equivalent of putting all your loose change in one jar, rather than scattering it throughout your house.

Senate Poking its Nose Where it Doesn’t Belong

If you look at the document written by Levin and McCain (which you can read here), they spend a lot of time harping on issues that have no bearing on US Treasury tax collection.

For example, the idea of this holding company in Ireland – it’s irrelevant.  The tax that is paid (or not paid) is determined by the operating companies that Apple owns outside of the USA.  The profit from these companies (after tax) is moved to a holding company, and the US Treasury really has no say about any of this provided the cost sharing agreements between the US and foreign entities are reasonable.

There is a whole section devoted in this article to the fact that Apple’s holding company is not a tax resident of any particular jurisdiction. The holding company is incorporated in Ireland, which makes it not a US resident for tax purposes.  END OF STORY.  If it’s not a US resident based on US law, then Senate has absolutely no business in worrying about another country’s tax laws.

In the case of Ireland, because the Apple holding company does not have a physical presence or employees in Ireland, it is treated as a non-resident, so it does not pay Irish tax.  In short, Apple’s HoldCo is not a resident of the US or Ireland, or anywhere at all.  And the US Government has no business interfering beyond a reasonable determination of whether or not Apple is abiding by US tax law.  If they are (and they appear to be), then what Senate is doing appears to be casting an opinion on the legitimacy of Irish law.  None of their damn business.

Watch this incredibly well scripted presentation by Senator Rand Paul :


(Disclosure:  I’m an Apple shareholder)

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A while ago I bought shares in Tesla. Not a long while ago, but prior to the quarterly earnings announcement that sent the stock skyrocketing to nearly a hundred bucks. I guess that’s what happens when a huge percentage of the stock is short and the company proves beyond any shadow of a doubt that it’s for real.

Last week Tesla was the subject of my weekly Globe and Mail column, which you can read here. In that article I explain the reasons behind my investment. But as is usually the case, it’s hard to include everything in an article that’s supposed to be 600 words. (I’m asked to submit 600 words and I usually push it to 800).

Here’s what I like about Tesla

  • As I explained in the Globe article, they build a premium brand buy focusing on awesome vehicles, not just electric vehicles.  They built an expensive sports car and an expensive sedan.  Next comes an expensive SUV.  They’ve won awards and accolades from car reviewers.  They are becoming a monster brand.
  • They’ve launched a network of super chargers to give batteries a 50% recharge in 30 minutes.  Oh, and they are free to use.  They’ve sold cars without even having a significant number of dealerships.  They’ve single handedly created an e-commerce situation for cars costing $90,000 or more in some cases.
  • They’ve created a model where their expensive cars aren’t even THAT crazy expensive.  With government incentives and a US financing plan you can buy the car with no down payment and an out-of-pocket expense that is about $580 after accounting for fuel savings.  And they guarantee the highest blue book resale vale of any competing luxury sedan.
  • The Model S 85 KwH battery pack can take me about as far as my family’s Lexus SUV on a full tank.  But while the Lexus costs us about $62 per average fill up (we usually refill before it’s empty), the Model S would cost me a “whopping” $8.25 based on Toronto hydro off-peak hour pricing.  In case you’re wondering I did actually dig into my hydro bill and figure out all of the variable costs that Toronto Hydro charges me.  There are a surprising number of poorly disclosed variable charges).  This translates into about $3,000 per year for an average family.
  • Telsa has made electric cars not only cool (really cool) but super practical in terms of the ability to drive 480 km.  As soon as they install a supercharging station between Toronto and Montreal on the 401 (likely Brockville so Toronto-Ottawa traffic can use it too), I think there is absolutely no reason I wouldn’t own one as a primary vehicle.
  • They are WAY ahead of other car makers because they have absolutely no legacy crap to deal with.  Every single car they make is automatically built for a modern day technology toolbox.  Over the air software updates anyone?  Show me a traditional car that does this?
  • They’re PROFITABLE on a volume of about 20,000 cars per year.  That’s tiny volume.  They haven’t shipped any Model S cars outside of North America yet.  Hello world.  Their plant can scale to 400k vehicles per year.
  • The CEO, Elon Musk, owns 24% of the stock and is buying more on the recent financing they announced.  This guy is not afraid to be disruptive and not only think but ACT outside of the box.

I could go on and on … just ask my wife :)  

Bottom line is I see Tesla as a disruptive force in the auto industry.  If they can sell this number of Model S sedans and I can still find it impossible to spot one on the roads in Toronto (and I live in an expensive area), there is absolutely huge potential here.  They’ve not launched an SUV yet.  They will.  They’ve not launched a pickup truck yet.  I bet they will with their 3rd generation platform coming sometime in 2015.

I see these guys as the next big auto brand, potentially as big as BMW, or even the mighty Ford or GM given enough time.

Why wouldn’t everyone (ok, most people) want to own an electric car?  Their cost will approach parity with gas, and they will be FAR cheaper to maintain and fuel.  Just think of all the electro-mechanical systems that don’t need to exist in an electric car?

Yeah, the stock has gone crazy since the last quarterly profit announcement.  And it might pull back big time.  This is a risky stock in the short term.   But as readers should know by now – I’m not a short term investor.  I like to own big trends that will go on for a decade or more.

Here’s one of those trends.  And I think it will take longer than a decade to play out.

Strap on the seatbelt.  This is gonna be a fun ride.

 

 

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Apple and the Insanity of Wall Street

by Chris April 26, 2013

Looking at the headlines people are writing about Apple this week is a reminder of the Attention Deficit Disorder on Wall Street. People must make rapid fire decisions so the furthest they’ll usually look back (or zoom out) is a year over year comparison. I wrote about my thoughts on Apple and Wall Street in [...]

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My Sub $300 Samsung Chromebook Experience

by Chris April 10, 2013

A few years ago I completely ditched Microsoft Windows in favour of Apple’s MacOS. It started the day I bought my first Macbook, which at the time wasn’t even a Macbook Pro. It was just the more business-like Black Macbook 2006 model. I paid about $1500 for it, ran BootCamp until I didn’t need Windows [...]

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Will Facebook Home Even Matter Next Year?

by Chris April 5, 2013

I watched the live stream of the Facebook Home announcement yesterday. Pretty cool stuff. Reading through the comments people made about it reminds me of an important investing lesson. Good investors don’t look at their own particular use of a product to judge it. Often times it is the people to talk about investing, but [...]

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No More Telemarketer Calls: 100% Success on VoIP.ms

by Chris April 1, 2013

Back in November I completed the process of porting our home phone number from Rogers over to an independent VoIP provider called VoIP.ms. I highly recommend them and I have all of my business and home numbers with them now. If you read the post I wrote about leaving Rogers for good, then you might [...]

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I’m Investing in Whole Foods Market

by Chris March 19, 2013

Over the last several years I’ve become much more educated about what food I eat.  One of the biggest turning points for me was reading the book The Omnivore’s Dilemma, which my buddy Ryan gave to me as a gift a while ago.  I read it on vacation and couldn’t think about food the same [...]

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Several months into Unblock-US and it’s absolutely flawless

by Chris March 19, 2013

A few months ago I wrote about enjoyment of US streaming media services. I had to pay $5 per month to get access to a special service that makes it all possible, but it’s been fantastic.  The service is called Unblock US, and it works perfectly.  I first heard about it from a friend who [...]

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BlackBerry Z10 Gross Margin Analysis: Analysts vs. Amateurs

by Chris February 22, 2013

Most of the time the existence of the web is awesome. It puts people on a level playing field. It’s easy for any Joe Public to write something and get an audience. But when the uneducated write about financial topics and express their ignorance to everyone else, it isn’t helpful. Case in point, an author [...]

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Recap of Tim Cook at the Goldman Conference

by Chris February 13, 2013

Yesterday I listened in on Tim Cook, Apple’s CEO, speaking at the Goldman Conference in San Francisco. I thought he did a great job, and I thought the questions asked by Goldman hit on the most important areas. Well done by everyone. I wrote up a summary of the most important points at iMore.com and [...]

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