Wednesday, June 03, 2026

After 21 years in this House

“I was raised by my parents to believe that you had a moral obligation to try and save the world. You sent money to the Red Cross, you registered people to vote, you marched in rallies, stood in vigils, picked up litter.” ~ Anne Lamott

1982-2004


"The poor and the middle class pay taxes, the rich pay accountants, the very rich pay lawyers - and the ultra-rich pay politicians." ~ George Monbiot in the Guardian, originally by Mohammed Saha


Kemi Badenoch: I was perfectly clear. What I said was not what you heard; what you heard was not what I meant; and what I meant is whatever I now say I meant. I am always right. Put another way: I am never wrong.


KPMG Australia chief operating officer Eileen Hoggett steps aside as audit leak fallout widens


Good lord. Their corruption, criminality, cruelty knows no bounds


Voice v silence



The leadership of an organisation may profess a certain set of values and set these down in writing (most of us have been part of an organisation that talks about “Openness” or “Boldness” or “Authenticity”).

These may be created in good faith but are often nonsense; and the attempt to codify them is generally futile. The true values of an organisation are evident in the behaviour and unspoken standards of the people who work there. The critical posts on “social media”  is brought about in precisely the same way – in fact, it’s informed by these unspoken values.


After eight years in this mad house, I’ve seen it all – including surprising friendships


“Your children are not your children. They are the sons and daughters of Life’s longing for itself,” Kahlil Gibran wrote in his poignant verse on parenting. And yet we are, each of us, someone’s child — physiologically or psychologically or both — and they sing themselves through us as we sing ourselves into our longing for life, whether we like the melody or not.

When Your Parents Are Dying: Some of the Simplest, Most Difficult and Redemptive Life-Advice You’ll Ever Receive


The early-retirement trap: How to avoid loneliness, boredom and ‘wet leaf syndrome’ 

The early-retirement trap: How to avoid loneliness, boredom and ‘wet leaf syndrome’ Quitting work earlier in life is the ultimate goal for many. But the reality can be a brutal letdown. 

Sue Williams

Social media is more of a habit than an addiction


In evidence, Mr Malone, Assistant Commissioner in the Fraud Prevention and Internal Investigations area, gave an overview of the number of integrity complaints received by the ATO on an annual basis. He indicated that 295 integrity complaints had been received in 2011-12; followed by 187 in 2012-13; and 241 in 2013-14.[15]Of the integrity complaints received, Mr Malone explained that approximately 20 per cent are substantiated.[16] This equates to a range of approximately 36–60 established integrity breaches per annum over recent years.

Matters relating to the ATO, ASIC and the AGD


This Sydney councillor calls himself the ‘1 per cent accountant’. Now he’s been caught


Tax office hides failure behind ‘hollow’ audit wins, says ex-executive

The ATO tries to talk up its audit success but the debt data shows it is failing to collect, writes ATO insider Liam Malone.

Former ATO insider Liam Malone says if the tax office was serious about collecting debts and not just printing audits it might make a mark.
Former ATO insider Liam Malone says if the tax office was serious about collecting debts and not just printing audits it might make a mark.
    Any Australian Taxation Office auditor worth their salt cares about debt collection. Otherwise, what is the point of conducting audits and issuing amended assessments?
    Despite the rhetoric of ‘One ATO’, the compliance and audit area works in almost complete isolation from the debt area. Whilst there are referral mechanisms, the compliance and audit business line can complete a lengthy (sometimes a couple of years duration) complex audit and with the result of no revenue being collected. So, the compliance and audit business line will trumpet an audit result of several million dollars of revenue. However, the real situation is this result is just hollow revenue reporting – no actual revenue collected and no prospect of collection.
    I have seen numerous cases being undertaken and completed with significant resources over several years and with no actual revenue collected. Nevertheless, the ATO compliance business line reports the results and boastfully claims credit. The i’s have been dotted and the t’s crossed. The revenue result looks great on paper but there was never a chance of collection.
    In fact, if there had been a reasonable recovery appraisal at an early stage, then a decision could have been made that either the case would be discontinued or very limited, targeted action may have been taken.
    A good early holistic assessment considering tax compliance and debt recovery issues would enable a targeted approach, for example a focus on an individual or one or two entities where there is a chance of collection or some debt enforcement action like insolvency.
    Debt owed to the ATO is out of control. The latest ATO annual report for the year ended 30 June 2025 reports collectable debt at $54.6bn. The total debt was actually over $105bn when insolvency debt and disputed debt is included.
    Collectable debt was reported at $26.5bn as at 30 June 2019. So, it has more than doubled in only 6 years. In recent times, The Australian National Audit Office and the Inspector General of Taxation have both pointed out ATO shortcomings in this area.
    ATO commissioner Rob Heferen. Picture: John Feder
    ATO commissioner Rob Heferen. Picture: John Feder
    The vast majority of the $54.6bn of collectable debt was self-reported by taxpayers via lodgement of income tax returns and business activity statements. The ATO still cannot collect it.
    The $54.6bn of collectable debt would fund the NDIS for 2025-26 ($52bn) or mostly fund Defence ($59bn) for 2025-26.
    The ATO is the main revenue agency for Australia. The revenue is required to fund government services. The taxman has failed as a tax collector.
    ATO Senior management are all about case numbers, audits and reviews completed. During the Covid era there was an explosion in tax fraud often related to promotion on social media. The ATO was slow to react and deal with the revenue threat. This was all well documented in the media at the time. Indeed, some tax agents and accountants contacted the Treasury department directly as they were so frustrated and concerned about ATO inaction.
    A common fraud involved an innocent taxpayer being the victim of identity takeover/fraud or having their MyGov account compromised or hacked. A fraudulent income tax refund may have been paid to a bank account controlled by the fraudster. In many of these cases, offenders were not identified and the innocent taxpayer needed ATO action to have their account remediated and fixed.
    The remediation process was essentially an administrative process. However, the ATO dealt with these fraud mop up cases by creating a multitude of audit compliance cases and allocating them to auditors.
    So instead of undertaking genuine audits, auditors had to spend considerable time doing cases which were just administrative mop up with no chance of revenue collection. However, these cases were reported as audits completed. Revenue results were reported, despite no real result and no revenue actually collected.
    For example, a fraudster may have claimed a fraudulent income tax deduction in an innocent taxpayer’s name. The fraudster gets the money and disappears. The ATO audit disallows the deduction which gives the revenue result. The ATO then remediates the innocent taxpayer’s account to remove the debt obligation. So, there is no net result. Why are these cases reported as audits?
    This indicates a lack of organisation integrity and transparency, also a waste of ATO audit resources. The result was that many genuine audit cases were not undertaken at that time due to audit resources tied up on fraud mop-up cases. Such cases should have been dealt with as administrative cases by lower level non audit staff and not reported as audits.
    Liam Malone was an ATO auditor for 19 years across two periods of service. He spent 11 years in senior positions at the ATO. His experience included leading audits and reviews of multinational company groups and serious non-compliance audit cases, including a secondment to the AFP investigating tax schemes. He also worked on small and medium business cases.



    Veteran ATO auditor reveals why the tax office is failing Australians

    Despite collecting taxes from millions of Australians, the ATO values corporate buzzwords over genuine performance in its core business, writes former auditor Liam Malone.
    Rocking the boat within the walls of the ATO is more likely to leave any maverick high and dry. Picture: Emma Brasier
    Rocking the boat within the walls of the ATO is more likely to leave any maverick high and dry. Picture: Emma Brasier
      The ATO senior executive service is primarily concerned with corporate reputation. Enormous failures are often characterised as “challenges”. The bureaucracy is overly risk averse. 
      Senior management are constantly telling staff how “excited” they are about the latest supposed innovation, change, success etc. Staff naturally become cynical about artificial, shallow corporate strategy and the common use of buzz words.
      In the past few decades, the ATO and the wider Australian public service have entrenched more power at the SES level. The director level, Executive Level 2 – the level immediately below SES – has a much-reduced autonomy for decision making compared with several decades ago. 
      In practice, directors are largely just communicating SES requirements to the lower levels and reporting back up. Promotion and appointment to the SES is in the political sphere these days. Anyone perceived to have potential to “rock the boat” would not become a member of the SES. 
      Innovation is a particularly favourite buzz word and often involves an old idea being dressed up and presented as some newly introduced organisation-transformational change.
      There is rarely any real engagement with the staff at the coalface – the ones doing the core business, such as compliance and audit staff – with a view to how management can be of real assistance to enable staff to do the job better. Instead, there is the appearance of engagement with staff when most decisions are made beforehand. SES site visits are announced well in advance and presented as if a management guru were in attendance. Real management gurus would regard their management position as finding a way to enable the doers, the staff, to increase performance in core business. Sadly, in the ATO and public service generally, this approach is virtually non-existent. The management culture is top down.
      When the organisation is subjected to public criticism, the ATO defensive rhetoric often includes irrelevant and inappropriate verbiage about 20,000 hardworking staff. What about millions of hardworking Australians paying taxes and expecting the ATO to collect taxes from those who are not paying their fair share? The focus should always be on how well the tax system is serving the Australian population – approximately 28 million people – not the 20,000 supposed hardworking ATO staff.
      Staff can be busy but what are they actually doing? What about core business?
      The ATO Commissioner is paid around a million dollars per year, considerably more than the Prime Minister. It is reasonable to expect outcomes from highly paid government bureaucrats.
      In his early days, several years ago, the current commissioner said a couple of things which I thought were positive, but I was somewhat cynical. Firstly, he mentioned the importance of core business and secondly he mentioned that he believed in listening to and cultivating different points of view.
      ATO Commissioner Rob Heferen alongside ASIC Commissioner Kate O’Rourke. Picture: John Feder
      ATO Commissioner Rob Heferen alongside ASIC Commissioner Kate O’Rourke. Picture: John Feder
      However, my experience is that nothing changed in the organisation. It remained the same bureaucracy. There was a continuing culture that everything was as important as everything else. There was no focus or understanding of what in the organisation constitutes core business and what constitutes support services which enable the core business. 
      There was no true focus on results, outcomes, truly adding value. In addition, the organisation is dominated by group speak, and conformity is valued far more than consideration of a wide variety of views. Any type of perceived maverick view would be rejected.
      Of course the ATO is not alone, many other federal government organisations have the same problems and lack of focus producing real outcomes. The government bureaucracy machine has become very effective at self-justification, and pointing to supposed outcomes and successes. The focus is more often on organisation image and public relations than the achievement of true outcomes.
      Any ATO response to my criticism will likely be dismissive – possibly treating me as a “voice in the wilderness”. I note the Australian National Audit Office has reported some critical areas of concern about the ATO in recent reports: IT governance and security, fraud control failures, debt management and Financial Risks, 
      Procurement and contract management
      The ATO is often let down by poor management, culture and systems. Despite this, some good work does get done. 
      The successes are often trumpeted in ATO media releases. The failures are missed opportunities and everything in between fades into nothingness. The ATO, the main revenue agency for Australia, needs to lift its game.
      Liam Malone was an ATO auditor for 19 years across two periods of service. His experience included leading audits and reviews of multinational company groups and serious noncompliance audit cases, including a secondment to the AFP investigating tax schemes. He also worked on small and medium business cases


      ATO Insider: The tax man isn’t looking at those who don’t play the game

      Former ATO insider Liam Malone warns the ATO is too focused on those who engage with the tax system and not those who don’t.
      The ATO legacy systems are poor quality, not user friendly and archaic. The Siebel case management system was introduced in 2006, the GST and activity statement systems in 2000 and the income tax system in about 2010.
      The ATO legacy systems are poor quality, not user friendly and archaic. The Siebel case management system was introduced in 2006, the GST and activity statement systems in 2000 and the income tax system in about 2010.
        If you don’t play the game, then the ATO is less likely to play you. The ATO’s audits are frequently generated by the data fed into its risk engines, but this data is largely based on compliant taxpayers who lodge their taxation returns and business activity statements. Risk engines often place too much emphasis on mere statistical labels in income tax returns. 
        Those who don’t play the game and don’t lodge are not included in the data. There is a bias towards selecting taxpayers who are somewhat to mostly compliant and there is a lack of human intelligence. One only needs to look at the intelligence failures surrounding various terrorist attacks to realise the value of human intelligence and the limits of system based intelligence.
        A couple of decades ago, there was much more input and scope for auditor involvement in case selection. For example, an auditor may be auditing a taxpayer and gain good intelligence regarding a tax risk that involves wrongdoing by a tax agent, accountant or lawyer. There may be tax avoidance schemes in use that are being promoted to clients. However the ATO has grown more bureaucratic and there are now more risk engines and intelligence officers, many of whom have no audit experience.
        The ATO compliance and audit process is a dog’s breakfast. It’s all over the place. The auditor must follow a large number of policies, procedures and processes etc. The emphasis is on compliance with these by the auditor. Auditors are afraid to miss a requirement in the audit process. There is frequent quality assurance to enforce the standards. However, the standards do not properly align with the achievement of outcomes. Despite this, auditors can be subject to strong criticism and possible management and discipline action for relatively minor noncompliance. There is not much room for sensible discretion.
        This audit process and the culture that goes with it creates an auditor mindset of just following the next step rather than a focus on the big picture and possible outcomes. The organisational culture is that the automatic response to any perceived problem or issue is the introduction of more process, procedure and policy.
        ATO commissioner Rob Heferen and ASIC commissioner Kate O'Rourke. John Feder/The Australian.
        ATO commissioner Rob Heferen and ASIC commissioner Kate O'Rourke. John Feder/The Australian.
        Senior management never saw a new policy, process, or procedure they didn’t like. There is no consideration of the overall ever increasing administrative burden, no attempt to streamline or consider along with the achievement of outcomes. ATO business lines operate in practice as empires that are more focused on their own internal agendas and objectives rather than what is best for the wider organisation. There is much bureaucracy and duplication of effort.
        Profiling a taxpayer and relevant entities is an important early step in the audit process. 
        There is no overarching system to bring all this information together. Instead, the auditor is required to engage with and interrogate multiple internal and external systems and databases of varying quality and age.
        The ATO legacy systems are poor quality, not user friendly and archaic. The Siebel case management system was introduced in 2006, the GST and activity statement systems in 2000 and the income tax system in about 2010. There have been updates to these systems but essentially they remain unchanged with the same archaic functionality and limitations.
        The systems in use often are unable to properly transfer, communicate and reconcile important data. For example, during an audit, an auditor may be required to raise amended tax assessments for income tax and GST. Two different legacy systems would need to be used in this case. If two years of income tax were amended, then two separate year amendments would need to be made. If the taxpayer had been lodging monthly BAS for this period and amendments were also required, then up to 24 BAS may need to be individually amended. Amending income tax returns is more archaic, and less user friendly. Multiple pages must be traversed for each income year and sub totals and totals often needed to be manually calculated.
        At the completion of the onerous amendment procedure for income tax and GST, then there is also the required reporting for the case management system, Siebel. There is no link-up between the income tax, GST and case management reporting systems. For the case results to be reported, it is necessary for the auditor to reinput the income tax and GST results for each period into Siebel. This is double data entry and a risk to the integrity of the figures. To say that the systems in use are not user friendly is an understatement. The systems in use are not fit for purpose in 2026.
        AI has been trumpeted in importance by the ATO and other government departments. They would have you believe that they are using cutting edge technology. The reality is that AI is presently not adding much value. The predominantly legacy IT systems in use are multiple, aged and privacy/security requirements mean there is little use of AI.
        Liam Malone was an ATO auditor for a total of 19 years across two periods of service. His experience included leading audits and reviews of multinational company groups and serious non-compliance audit cases, including a secondment to the AFP investigating tax schemes. He also worked on small and medium business cases.




        Tuesday, June 02, 2026

        Don’t Let The Old Man In (Episode 26)

         Don’t Let The Old Man In (Episode 26)


        Robin sent me an article by the world’s oldest doctor (according to the Guiness Book of Records) – Dr Howard Tucker, who unfortunately passed away in December – 103 years old.

        He had practiced as a neurologist for 75 years – until the hospital he worked in closed in 2022.

        He had three ‘non-negotiables’ for a long and meaningful life.

        1)    Keep your mind engaged

        I tell all my patients that the mind is like any other muscle in the body: If you don’t use it, it weakens.

        My work keeps me thinking, learning and solving interesting problems. When one chapter of my medical career ended, I found another way to keep going through medical-legal review and learning how to use social media. I’m not looking for an excuse to stop.

        In my early 60s, I attended law school at night after working full-time as a physician. I passed the Ohio Bar Exam at 67. I never set out to break a record. I did it because law, like medicine, interests me and I have always believed it is important to keep learning.

        Work does not have to mean a job or career. It can mean volunteering, reading, learning a skill, playing music, joining a club or finding any activity that keeps your mind active.

        I have seen many people slow down once they stop engaging with the world. In my experience, staying mentally active is one of the best things you can do for yourself.

        2)    Don’t carry hatred

        When people ask me about my longevity, most want to know about a secret diet or exercise. Diet and exercise matter, of course. But I also think your outlook on life matters.

        I have been around for a long time. Like everyone else, I experience disappointment, loss and unfairness. But I never think it makes sense to carry the hatred around with me.

        Anger and resentment take energy. They take a physical toll. In my view, they do more harm to the person carrying them than to anyone else. Anger can raise your blood pressure, increase stress hormones and increase your risk for heart disease over time. Not to mention the mental energy spent hating someone.

        You don’t have to forget every wrong or excuse bad behavior. The point is to not let bitterness take over your life. I have always felt it is healthier to move forward, to stay interested in other people, and to focus your energy on the things that give life meaning.

         3)  Enjoy everything in moderation

        I don’t believe that living well means denying yourself every pleasure.

        I enjoy a martini. I enjoy a good steak. My wife of 68 years, Sue, is a wonderful cook, and we always eat well. We also believe in having balance, plenty of salad, vegetables and moderation in all things.

        To me, moderation is what makes enjoyment possible over the long run. Have a sensible approach to what you eat. The same is true in many parts of life. Too much of anything can wear you down. Too little can do the same.

        So the best advice I can give is to keep your mind active, let go of bitterness and enjoy life. Each day is a chance to live well, so why not make the most of it?

        Robin’s three non-negotiables:

        • Stay Curious
        • Keep those you love close
        • Be Foolish

        Mine:

        • Don’t Let the Old Man In
        • Make Happy Choices
        • Don’t do Dumb Sh*

        National Leave office early / Pope Releases Encyclical On Perils Of Disney’s ‘Star Wars’

         “There is one way out. Right now, the building is ours. You need to run, climb, kill! You need to help each other. You see someone who’s confused, someone who is lost, you get them moving and you keep them moving until we put this place behind us.”


        It’s National Leave The Office Early Day Trojka of S with M and H at Bar of Customs 


        A police assault put a man in the ICU. Then came the cover-up


        Here’s the original scene and a transcript of the speech:

        Calm. Kindness. Kinship. Love. I’ve given up all chance at inner peace. I’ve made my mind a sunless space. I share my dreams with ghosts. I wake up every day to an equation I wrote 15 years ago from which there’s only one conclusion, I’m damned for what I do. My anger, my ego, my unwillingness to yield, my eagerness to fight, they’ve set me on a path from which there is no escape. I yearned to be a savior against injustice without contemplating the cost and by the time I looked down there was no longer any ground beneath my feet. What is my — what is my sacrifice? I’m condemned to use the tools of my enemy to defeat them. I burn my decency for someone else’s future. I burn my life to make a sunrise that I know I’ll never see. And the ego that started this fight will never have a mirror or an audience or the light of gratitude. So what do I sacrifice? EVERYTHING!


        Pope Releases Encyclical On Perils Of Disney’s ‘Star Wars’ Strategy. “I fear for what horrors the fan base might soon endure, but I would be negligent not to give Andor its flowers.”


        Global democracy perception of US collapses, behind Russia and China for first time


        A magpie can recognise you – and four other fun facts about Australia’s most often-spotted bird


        Some sites we linked from the button don’t exist anymore. Some expired, some were squatted by gambling rings, some got ad-injected on top of what they were. We archived what we could and, where possible, are hosting the sites right here. The bees keep buzzing, the dog keeps barking, the pigeon keeps pigeon-ing.”

        Monday, June 01, 2026

        Trump Clears Way for Corporate Tax Dodge Hidden in the Fine Print U.S. companies skirted at least $40 billion in taxes …

        Rana ForooharJust Stop Moaning and Pay Your Taxes, Fin. Times (May 24, 2026)


        Saez and Zucman: The Case for California’s Billionaire Wealth Tax

        Emmanuel Saez (Berkeley-Economics) and Gabriel Zucman (Paris School of Economics) have published a guest essay in the New York Times: “The Case for California’s Billionaire Wealth Tax.” From the article:

        On taxes and much else, California has often led the country. In 1978 the state’s voters approved Proposition 13, which strongly limited tax increases. Prop 13 was the opening salvo in Ronald Reagan’s antitax revolution, which swept the United States two years later.

        This year California’s voters could spearhead a shift in the opposite direction. A large labor union representing health care workers and advised by academic experts — including the two of us — got the 2026 Billionaire Tax Act on this November’s ballot. The proposed tax would be a one-time levy of 5 percent on billionaire wealth, spread over five years. If the measure passes, it would be the first tax targeted at the combined personal and business wealth of billionaires enacted anywhere in the world.

        California is an ideal place to test this idea. The state needs money to fill a budget hole that the Trump administration created when it cut, among other things, Medicaid, a state-federal partnership that provides health coverage to low-income people. Without more state tax revenue to fill the loss in federal funding, the fraction of uninsured Californians will increase substantially, reversing part of the progress made since Obamacare.

        More TaxProf Blog coverage on California’s billionaire wealth tax:



        Trump Clears Way for Corporate Tax Dodge Hidden in the Fine Print

         U.S. companies skirted at least $40 billion in taxes since the beginning of 2025 thanks to schemes in places like Malta, Bermuda and Cyprus.


        A year ago, the Trump administration withdrew from a global effort to curb offshore tax-dodging by multinational companies. That decision has been a huge gift to corporate America, enabling companies to avoid at least $40 billion in income taxes since the beginning of 2025.

        A New York Times review of securities filings from nearly 500 companies showed that they avoided taxes by attributing hundreds of billions of dollars in earnings to low- or no-tax foreign locales like Cyprus, Bermuda, Switzerland and the Cayman Islands. Often, corporations funneled the profits through subsidiaries in places where they had no employees, offices or customers.

        Tax havens became more appealing after President Trump signed an order on his first day back in office withdrawing the United States from a 13-year international effort to end such schemes. The effort led dozens of countries to impose a minimum corporate tax and rules for pursuing companies using tax havens. After House Republicans passed legislation last year targeting some of those countries with a new tax, international officials agreed to exempt U.S. companies from much of the crackdown.

        American Express avoided paying $423 million in taxes last year using the island of Jersey. PayPal trimmed its taxes by nearly half during 2025 thanks to its units in Singapore. Stanley Black & Decker cut its bill by $27 million — nearly one-third — using the island of Cyprus.


        A favorite destination was the tiny Mediterranean island of Malta, where Abbott Laboratories, the pharmaceutical giant, has claimed all its global profits were earned by a subsidiary with no employees. Malta helped the company cut its tax bill by $336 million last year, the filings show.

        Companies making similar moves spanned nearly every sector of the economy: Walmart and Uber; Mastercard and Pepsi; Crocs and Merck; Honeywell and Cigna. To put the $40 billion in taxes they avoided in perspective, it would be enough to triple the annual budget of the Federal Aviation Administration or U.S. Customs and Border Protection.

        On the face of it, the offshore tax strategies don’t necessarily violate any laws. But the Internal Revenue Service says some of the companies have gone too far, and tax advisers say the Trump administration’s actions will make it easier to pursue even more aggressive dodges.

        “Accommodating the U.S.’s refusal to participate in the global reforms opens up the door to abuse,” said Philip Marcovici, a former chair of the European tax practice at the law firm Baker McKenzie.


        The Times’s analysis relied on a new disclosure required by federal accounting rules. For the first time, in annual 10-K reports filed with the Securities and Exchange Commission, public companies are required to include footnotes reporting the precise amount of tax avoided through each foreign jurisdiction.

        U.S. companies avoided billions in taxes by pushing profits into tax havens around the world

        Here were the most popular locales abroad to cut taxes, according to securities disclosures.

        Company with over $1 billion saved in taxes
        Company with over $100 million saved in taxes
        NetherlandsUberMerck$1$2$3$4$5 billionMaltaThermo FisherAbbott$1$2$3 billionSwitzerlandMerckPhilip MorrisJohnson & Johnson$1 billionLuxembourgValarisAptiv$1 billionBermudaAthene HoldingApollo Global$1 billionPuerto RicoAmgenCoca ColaJetBlue$0 billionIrelandRegeneronJohnson & JohnsonPfizer$0 billion

        Note: Tax havens where companies saved the most taxes are shown. Data is limited to companies with tax savings above $100 million.

        Source: New York Times analysis of securities filings.

        Katherine Chui/The New York Times

        Some companies using tax havens to avoid U.S. income tax rely on federal funding for their profits. Thermo Fisher Scientific, the scientific equipment maker, cut its taxes by $3.5 billion last year via Malta. Honeywell, which received over $30 billion in Defense Department contracts over the past decade, used Swiss units to cut its tax rate by more than a quarter — or $301 million — last year.

        The widespread tax sheltering comes despite a law passed during the first Trump administration that was billed as a crackdown.


        In 2017, Mr. Trump signed a $5.5 trillionpackage of tax cuts that overwhelmingly benefited corporations and the wealthiest Americans. To keep down its overall cost, the package included a few new levies, including one on profits that companies moved into tax havens.

        But the provision contained an escape hatch: It permitted companies to blend the profits and taxes reported in places like Germany, France or Japan with earnings reported in tax havens like Grand Cayman. That, in turn, helps many companies avoid the new offshore tax.

        The 2017 law “doesn’t solve the profit-shifting problem,” said Elizabeth Stevens, a lawyer at Caplin & Drysdale.

        In 2021, the Biden administration said it would join an effort coordinated by the Organization for Economic Cooperation and Development to impose a minimum corporate income tax of 15 percent. That levy applies country by country, avoiding the blending loophole and reducing the incentive to shift income into tax havens.

        Dozens of nations signed on, including most European Union members, Japan, Britain and Australia. But the Biden administration failed to muster the votes in Congress to pass the legislation. Mr. Trump’s executive order last year withdrew the United States from the global effort, known as Pillar 2.

        “We will not get to the golden age of America unless we start removing some of the barriers,” Rebecca Burch, the Treasury Department’s top international tax official, said a few months later, and “until we get Pillar 2 off our backs.” Ms. Burch is a former lobbyist for EY, the accounting and advisory firm better known as Ernst & Young.

        The Trump administration’s agreementwith the Organization for Economic Cooperation and Development this year frees U.S. companies to park profits in favorable locations — often in conflict with I.R.S. enforcement efforts.

        In 2022, the European Union issued a directive permitting a handful of countries, including Malta, to delay carrying out the 15 percent minimum tax. That tax in Malta will not kick in until the end of 2029.

        Profits allocated by U.S. companies to Malta soared to $5.6 billion in 2022 from $134 million in 2017, according to the International Tax Observatory, a research group at the Paris School of Economics. That figure is most likely far larger today, advisers say.

        Last year, S&P Global, the ratings company, used subsidiaries in Malta to cut its bill by $269 million. Yum Brands, the owner of Taco Bell, KFC and Pizza Hut, trimmed its taxes by $121 million using Maltese units. Crocs, the shoemaker, used Malta — where it has no offices — to save $47 million.

        Abbott made Malta the final destination of a cat-and-mouse game to stay one step ahead of tax authorities. In 2023, the drugmaker created a subsidiary in Bermuda, which had no corporate income tax. But Bermuda enacted one to comply with the O.E.C.D., which was scheduled to take effect in January 2025.

        On Dec. 19, 2024, 13 days before the new Bermuda law kicked in, Abbott shifted the tax residency of the subsidiary to Malta, filings show. In 2024, the Abbott unit reported $17 billion in net income — more than its total global profit — and no income taxes anywhere.


        Malta helped Abbott cut its tax bill by nearly 20 percent last year, filings show. The documents also disclose the number of employees at the Malta entity: zero.

        The I.R.S. is challenging over $1 billion in Abbott’s tax savings, U.S. Tax Court filings show. As part of that dispute, the agency contends that a transaction generating $8 billion of deductions to shield profit from the U.S. minimum offshore tax was abusive and lacked economic substance.

        Pepsi avoided taxes on profit earned in the United States by shifting income from at least $29 billion of sales of beverage and food concentrate around the world through Ireland and ultimately into Bermuda, disclosures show. A Pepsi unit in Bermuda funded the transaction, providing a more than $26 billion loan to finance the purchase of the rights.

        Since then, Pepsi has shifted at least $7 billion in profit into Bermuda via the interest payments owed on that intracompany loan.


        The income landed with a Pepsi unit with headquarters at a law firm that services thousands of similar shell companies, corporate filings show, helping the company save $310 million last year. Pepsi’s units in Bermuda, Switzerland, Ireland and Singapore cut the company’s bill last year by nearly one-third, or $691 million.

        The true windfall from such maneuvers is likely to be far greater than the $40 billion indicated by the disclosures, said Anh Persson, a professor of accounting at the University of Illinois at Urbana-Champaign. The disclosures reflect the financial benefit companies present to investors rather than the actual payments they avoided.

        And the new rule requires reporting a tax haven only if the sheltered profits exceed a threshold of at least 5 percent of the company’s tax bill at the full U.S. statutory rate, further understating the full cost of such sheltering.

        Julian Bonnici and Antoine Harari contributed reporting.

        Jesse Drucker is an investigative reporter for the Business section and has written extensively on the world of high end tax avoidance.

        Dylan Freedman is the A.I. projects editor for The Times, investigating a range of topics. He has experience as both a reporter and a machine-learning engineer.

        See more on: U.S. Politics