Major companies haven't paid federal income tax in 5 years. How could that be? (2024)

Dozens of large corporations paid more money to their top executives than they shelled out in federal taxes between 2018 and 2022, according to a new watchdog report.

The analysis names 35 corporations, including Tesla, Netflix and Ford, that each reportedly spent more on compensation to their five highest-paid executives than they paid in federal income taxes over five years.

Collectively, the 35 corporations spent $9.5 billion on their top executives over that span, the report said, while their combined federal tax bill came to – $1.8 billion: a collective refund.

The report, released Wednesday, is titled “More for Them, Less for US: Corporations That Pay Their Executives More Than Uncle Sam.” It comes from the Institute for Policy Studies, a nonprofit, left-leaning think tank, and Americans for Tax Fairness, a nonprofit advocating for progressive tax reform.

“Lavish corporate compensation packages and inadequate corporate tax payments are not unrelated phenomena,” the report states.

Corporate boards “have more money to spend on their highest-paid employees when they don’t have much or anything to pay in taxes. Until this self-reinforcing cycle is broken, we’ll have a corporate tax and governance system that works for top executives – and no one else.”

Netflix, for example, paid its five top executives $652 million between 2018 and 2022, the report says, while paying only $236 million in cumulative federal income tax in the same years.

In response, the streaming company said, “Netflix complies with tax laws and regulations in the US and around the world. From 2018-2022 we paid global income taxes in excess of $2B and in 2023 we paid nearly $1.2B in global income taxes, the majority of which was US federal income tax.”

Another firm targeted in the report is FirstEnergy, the electric utility. According to the watchdog groups, FirstEnergy paid $121 million in executive compensation over five years, compared with $44 million in federal income tax, a net refund.

FirstEnergy responded with a prepared statement.

"FirstEnergy pays taxes in compliance with federal, state and local tax laws. In addition to federal taxes, the company pays hundreds of millions in state, local and payroll taxes every year," it said.

The company said its executive pay programs are "carefully designed to attract, retain, focus and reward our talented and diverse executive team," and that shareholders overwhelmingly support the firm's compensation structure.

The report also names Duke Energy, saying the firm paid $181 million to top executives over five years, compared with $1.2 billion in federal income taxes, a net refund.

In response, the company said, "Duke Energy fully complies with federal and state tax laws as part of our efforts to make investments that will benefit our customers and communities.Duke Energy has a deferred tax balance – this does not mean Duke Energy is not paying these taxes, it means that our taxes are due in future years, and we will pay them.We have approximately $10.6 billion in deferred tax liabilitiesrelated to investments in the energy system on behalf of our customers."

The utility said it is investing private capital in "our nation’s critical energy infrastructure," a corporate practice incentivized by the current federal tax code.

"It’s also important to note that at the state and local levels, we are often thelargest taxpayer in many of those communities and much of the taxes paid are directed toward local services," the company said.

Several other firms did not comment on the report.

The watchdog report draws on recent research by the Institute on Taxation and Economic Policy, another nonprofit, left-leaning think tank. That group found 342 large corporations that paid a cumulative effective tax rate of 14.1% over five years, well short of the statutory corporate tax rate of 21%.

The data in the report come from financial documents filed with the Securities and Exchange Commission. Compensation figures include base salary, cash bonuses, perks, stock options, stock awards and changes in the value of retirement benefits.

Major companies haven't paid federal income tax in 5 years. How could that be? (1)

Report: 18 corporations paid no federal income tax in 5-year stretch

The new report cites 18 profitable corporations that paid no federal income tax in the five-year period. Instead, all but one received refunds. The same corporations paid their top executives a cumulative $5.3 billion in those years.

The watchdog report comes as the Internal Revenue Service is ramping up audits of large businesses and high-income Americans, leveraging billions in new funding from Congress.

President Joe Biden added nearly $80 billion in IRS funding to the Inflation Reduction Act of 2022 with the hope that the investment would recoup as much as $400 billion over the next decade in unpaid taxes from wealthy people and companies.

The watchdog report charts a decadeslong decline in the tax rates paid by corporations. The top statutory tax rate has declined from 51% in 1986 to 21% today, according to the Tax Policy Center, a joint venture of the Urban Institute and Brookings Institution.

Corporations also avoid taxes by shifting profits offshore, among other loopholes, the report says.

While corporate tax revenue has stagnated, the report says, executive pay has skyrocketed. The typical CEO compensation package reached $14.8 million in 2022, according to The Associated Press, compared with $77,178 for the average worker in those companies.

Not all economists agree with the report's conclusions.

Kyle Pomerleau, senior fellow at the nonpartisan American Enterprise Institute, said low corporate tax rates reflect big corporations doing what they can to reduce their tax burden, just like ordinary taxpayers.

"These low effective tax rates are not reflective of tax evasion," he said. "It's tax avoidance. Tax evasion is illegal. Tax avoidance is legal." Whether you're a business or a private citizen, he said, "if there's a tax credit or deduction you're entitled to, you're going to take it."

Pomerleau said many corporate tax breaks, such as tax credits for research and development, are tailored to encourage "activities that have a broad positive effect on the economy."

Which firms spend more on executive pay than income tax?

Here are snapshots of 10 large corporations, spotlighted in the watchdog report, whose executive pay reportedly exceeds their federal income tax payments.

Tesla

5-year executive pay: $2.5 billion

5-year federal income tax (and tax rate): -$1 million (0%)

T-Mobile

5-year executive pay: $675 million

5-year federal income tax (and tax rate): -$80 million (-0.4%)

Netflix

5-year executive pay: $652 million

5-year federal income tax (and tax rate): $236 million (1.6%)

American International Group

5-year executive pay: $406 million

5-year federal income tax (and tax rate): $385 million (2.2%)

Ford Motor

5-year executive pay: $355 million

5-year federal income tax (and tax rate): $121 million (1.5%)

NextEra Energy

5-year executive pay: $325 million

5-year federal income tax (and tax rate): $287 million (1.2%)

Darden Restaurants

5-year executive pay: $120 million

5-year federal income tax (and tax rate): $28 million (0.8%)

MetLife

5-year executive pay: $240 million

5-year federal income tax (and tax rate): $96 million (0.8%)

Duke Energy

5-year executive pay: $181 million

5-year federal income tax (and tax rate): -$1.2 billion (-7.9%)

FirstEnergy

5-year executive pay: $121 million

5-year federal income tax (and tax rate): -$44 million (-0.7%)

Major companies haven't paid federal income tax in 5 years. How could that be? (2024)

FAQs

What happens if you haven't paid taxes in 5 years? ›

Penalties can include significant fines and even prison time. Luckily, the government has a limited amount of time in which it can file a criminal charge against you for tax evasion. If the IRS chooses to pursue charges, this must be done within six years after the date the tax return was due.

Why are companies not taking out federal taxes? ›

They Don't Earn Enough Income to be Taxable. The most common reason for you or your employee not seeing any paycheck tax withholdings is that they simply didn't earn enough income. A federal income tax withholding is a portion of an employee's paycheck withheld to cover their federal income tax obligations.

What if my company didn't take out enough federal taxes? ›

If your employer didn't have federal tax withheld, contact them to have the correct amount withheld for the future. When you file your tax return, you'll owe the amounts your employer should have withheld during the year as unpaid taxes. You may need a corrected Form W-2 reflecting additional FICA earnings.

How long can a company go without paying taxes? ›

The IRS has no statute of limitations for collecting unpaid taxes and can come after you at any time.

What happens to unpaid taxes after 10 years? ›

In general, the Internal Revenue Service (IRS) has 10 years to collect unpaid tax debt. After that, the debt is wiped clean from its books and the IRS writes it off. This is called the 10 Year Statute of Limitations. It is not in the financial interest of the IRS to make this statute widely known.

How many years can the IRS go back on unfiled taxes? ›

The IRS has several different statutes of limitations for different actions. Again, there is no statute of limitations for unfiled tax returns. This means that the IRS can go back 10, 20, or even 50 years in theory. However, in practice, the agency usually only goes back six years.

How do companies not pay federal taxes? ›

How do profitable corporations get away with paying no U.S. income tax? Their most lucrative (and perfectly legal) tax avoidance strategies include accelerated depreciation, the offshoring of profits, generous deductions for appreciated employee stock options, and tax credits.

Can I sue my employer for not taking out federal taxes? ›

If its the taxes YOU owe, no you can't sue someone for not taking out what YOU owe. You are supposed to monitor that also. If its they did not take taxes out and are not paying the portion that they owe then you have a different issue that your tax attorney or CPA can address with you.

What happens if a company doesn't pay federal taxes? ›

Property Seizure. While it may be unexpected, if you don't pay your business's taxes, the IRS may determine that the best way to proceed is to levy the assets of your business – and seize your company equipment or property.

Is it illegal for a business to not take out federal taxes? ›

Employers are required by law to withhold employment taxes from their employees. Employment taxes include federal income tax withholding and Social Security and Medicare Taxes.

Who is responsible if an employer did not take out the right taxes? ›

An employer is generally liable for social security, Medicare taxes and income tax that should have been withheld if it did not deduct and withhold taxes because it treated an employee as an independent contractor or non-employee.

What is the threshold for not paying federal income tax? ›

About filing your tax return

If you have income below the standard deduction threshold for 2023, which is $13,850 for single filers and $27,700 for those married filing jointly, you may not be required to file a return.

What if I haven't done my taxes in 5 years? ›

Four to Six Years — Due a Refund or Owe Taxes

If you haven't filed for four to six years, you still have time to claim a refund (if applicable) on the returns due less than three years ago. With the older returns, you can't collect a refund, but if you owe tax, you should file.

How many years can IRS go back on corporate taxes? ›

Generally, the IRS can include returns filed within the last three years in an audit. If we identify a substantial error, we may add additional years. We usually don't go back more than the last six years. The IRS tries to audit tax returns as soon as possible after they are filed.

What happens if you don't pay taxes for 10 years? ›

Such as tax garnishments or property restrictions, wage deductions, or the seizure of your assets. If you haven't filed taxes in 10 years: The IRS might have already taken legal action against you. Worse, you may face tax evasion charges resulting in higher penalties or jail time.

What's the longest you can go without paying taxes? ›

While there is a 10-year time limit on collecting taxes, penalties, and interest for each year you do not file, the period of limitation does not begin until the IRS makes what is known as a Deficiency Assessment. Additionally, you have to consider the state you live in.

How long can you go without paying IRS taxes? ›

More In File

The IRS generally has 10 years – from the date your tax was assessed – to collect the tax and any associated penalties and interest from you. This time period is called the Collection Statute Expiration Date (CSED).

How many years can IRS go back to make you pay taxes? ›

Generally, the IRS can include returns filed within the last three years in an audit. If we identify a substantial error, we may add additional years. We usually don't go back more than the last six years.

How many years can you legally not file taxes? ›

How Long Can You Go Without Filing Taxes? There is no statute of limitations on unfiled tax returns, but you'll want to file as soon as you can to minimize any penalties. If you're not sure if you're required to file for a particular tax year, you'll need to find out the filing income requirement for that year.

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