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24-02-2012 09:41 Lynn Paine, Harvard Business School professor, offers five rules for western managers operating in the Chinese market.

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How Expats Should Lead in China - Video

On paper, the U.S. has one of the highest corporate tax rates in the world. But in practice, corporations pay far less. The Government Accountability Office (PDF) estimated the average tax burden at 25.2 percent, and some of the largest corporations, such as General Electric and Wells Fargo, pay no taxes at all. This is possible because the tax code is riddled with exceptions and loopholes, created at the behest of lobbyists and exploited by teams of tax experts, many of whom used to work for the IRS and the Treasury. With the help of Citizens for Tax Justice, The Daily Beast rounded up some of the most egregious corporate tax loopholes.

Deferral of Overseas Income

Multinational companies don’t have to pay U.S. income taxes on overseas profits until they transfer them back home. But in reality, companies just leave their profits in overseas tax havens, deferring taxes indefinitely. Not only that, an accounting scheme known as “transfer pricing” allows companies to move profits from the U.S. to offshore havens so they’re counted as overseas earnings. For example a pharmaceutical company could sell a drug patent to a subsidiary in the Cayman Islands for a nominal fee, then have the subsidiary charge the parent company huge licensing fees. The company can then deduct the licensing fees from its taxable income in the U.S. and send the profits to its foreign subsidiary, where taxes can be indefinitely deferred. Some 83 percent of top 100 publicly traded companies had tax-haven units in 2009, according to the GAO. General Electric, Google, Pfizer, and many other companies use this technique. The federal government loses an estimated (PDF) $100 billion a year through offshore tax abuses.

Deductions for Shipping Jobs Overseas

At first glance it doesn’t seem particularly egregious that corporations can deduct moving expenses, but that changes when the break is applied to companies moving operations overseas. President Obama proposed ending this exemption for companies moving overseas while giving a credit to companies moving back to the U.S.

The Domestic Production Deduction

This deduction was meant to encourage companies to keep manufacturing operations in the U.S. by allowing them to deduct profits from “qualified production activities.” But by the time the law was enacted, those activities had expanded to include not just manufacturing but everything from oil drilling to filmmaking to real estate. (Obama proposed barring oil and gas companies from using the deduction.) The Center on Budget and Policy Priorities estimated that the deduction cost states $500 million in 2011, and the Congressional Budget Office (PDF) estimates it will cost the federal government $163 billion over the next decade.

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Last-In, First-Out Accounting

Normally when you buy something for $30 and sell it for $50, you have to pay taxes on a $20 profit. But corporations—especially oil companies—manage their accounts differently. They might buy oil for $30 a barrel, and then buy some more for $45 a barrel later in the year. Then when they sell a barrel of oil for $50, they get to assume that they sold the last barrel they bought, the one that cost $45, allowing them to report a profit of $5 instead of $20. Citizens for Tax Justice estimates that the loophole is worth $97 billion over the next 10 years.

Punitive Damages Deduction

When corporations are hit with punitive damages, they’re able to write them off as an “ordinary and necessary” business expense (PDF). Consequently, Exxon’s $1.1 billion Alaska oil spill settlement actually cost the company $524 million after taxes. Obama’s budget proposes to eliminate the deductibility.

Accelerated Depreciation Deduction

This allows companies to deduct for the depreciation of a piece of equipment at a faster rate than it actually takes the equipment to depreciate. Because interest expenses are also deductible, a company can borrow money to buy equipment, deduct both the interest on the debt and the “accelerated” depreciation of the equipment, and claim deductions greater than the profits generated by the investment. It’s one of the loopholes that allow corporations to pay no taxes during profitable years.

The corporate jet deduction became a hot-button issue during the debt-ceiling debate when President Obama used it as leverage against the Republicans. Under the current law, corporations can claim deductions for the depreciation of their jets at a faster rate than commercial airlines can. Closing the loophole wouldn’t save much money—about $4 billion over 10 years—but as a political symbol, it’s invaluable. (For what it’s worth, yacht owners get an accelerated depreciation deduction plus a few more.)

The 71,000-page tax code is full of accelerated-depreciation loopholes for various industries. Along with corporate jets, NASCAR racetrack owners get a special exemption. They can deduct for the depreciation of their tracks over a seven-year period instead of the 39 years the government estimates (PDF) it actually takes them to depreciate. The break was put in place in 2004 but was renewed in the 2008 financial-system bailout known as TARP. It costs the government $40 million a year.

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8 Ridiculous Tax Loopholes

By ETFStocks.com

In response to Iran launching missiles at the USS New Orleans, the US Navy responded by destroying two Iranian oil platforms in the Rostam oil field. The destroyed platforms were being used as tactical communication relay points, radar tracking stations and as bases of operations for Iranian helicopter and speed boat attacks on maritime shipping in international waters.

Imagine what would happen to oil prices if that were an actual story at the top of all internet news sites?

The truth is that ETF Stocks only changed the name of the US ship. It did happen on Black Monday, October 19, 1987 - a day better known for a notorious stock market crash.

With both sides flicking lit matches at one another, you don’t have to be a fortune-teller to see a similar fire erupting. Although stocks got crushed on that bloody October day, oil barely budged.

While ETF cringe as we type “things are different today”, they truly are. Iran has made it crystal clear that they intend on making oil’s price a weapon if they so much as feel “provoked”. Making good on their threat of closing the Straits of Hormuz could be the FireSteel that sparks oil to record highs. (Oil is already trading at all-time Euro dollar highs.)

Let’s get one thing clear before moving forward, ETF Stocks is not predicting or hoping for any such scenario. Four dollar gas is already too much for us! However, even the vertically challenged can’t overlook the political parallels to 1987. (There are a few other strange coincidences worth noting: the NY Giants won the Super Bowl and the stock market got off to a smoking hot start in ‘87.)

Louis Pasteur said, “Fortune favors the prepared mind.” In this case, prepping for a potential oil price spike could help protect your fortune.

ETF Stocks painstakingly reviewed 100s of oil related stocks and their correlation to oil’s price swings. We wanted to determine which equities are most likely to follow oil’s price movements. Obviously, shares could always decouple from oil, but “what's past is prologue.”

Of course, there is always iPath® S&P GSCI® Crude Oil Total Return Index ETN (OIL). It has stuck to oil’s price like Velcro in the past year; although, it has slightly underperformed oil.

ETF Stocks isn’t into underperformance; that is a commodity that you can overpay for anywhere. Instead, we want companies that run hotter when oil rises, and yet they cool less quickly when crude falls.

The following oil related stocks all trade for more than $10, do more than $500,000 a day in volume, and Wall Street’s consensus recommendation is buy. If history does repeat, most should do well if oil gushes higher.

Company Ticker OIL MACHINERY-SERVICES-DRILLING      Cameron Intl CAM    Core Labs Nv CLB    Dresser-Rand Gp DRC    Dril-Quip Inc DRQ    Gulf Island Fab GIFI    Gulfmark Offshr GLF    Helix Egy Solut HLX    Hornbeck Offshr HOS    Natl Oilwell Vr NOV    Oceaneering Int OII    Seadrill Ltd SDRL OIL-EXPLORATION&PRODUCTION      Anadarko Petrol APC    Concho Resourcs CXO    Contl Resources CLR    Georesources GEOI    Gulfport Engy GPOR    Legacy Reserves LGCY    Lin Energy Llc LINE    Mv Oil Trust MVO    Noble Energy NBL    Oasis Petroleum OAS    Pioneer Nat Res PXD    Plains Expl&Prd PXP    Provident Enrgy PVX    Qr Energy Lp QRE    Rosetta Resrcs ROSE    Sm Energy Co SM    Voc Energy Trst VOC    Wpx Energy Inc WPX OIL-MISC      Calumet Speclty CLMT    Eagle Rock Egy EROC    Energy Xxi Ltd EXXI    Genesis Energy GEL    Targa Resources TRGP OIL-INTEGRATED      Bp Plc BP    Cenovus Energy CVE    Chevron Corp CVX    Conocophillips COP    Exxon Mobil Crp XOM    Statoil Asa-Adr STO OIL&GAS PRODUCTION-PIPELINE      Copano Egy Llc CPNO    Dcp Midstream DPM    Enbridge Egy Pt EEP    Holly Egy Ptnrs HEP    Targa Resources NGLS    Williams Cos WMB

The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of The NASDAQ OMX Group, Inc.

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Oil Stocks to Buy if Oil Goes Higher

By FELICIA FONSECA
Associated Press
Today's News-Herald
Published Friday, February 24, 2012 11:00 PM MST

FLAGSTAFF — Attorneys for a Las Vegas developer argued Friday that his constitutional rights were violated when a northwestern Arizona tribe declared eminent domain over a management contract for the Grand Canyon Skywalk.

But attorneys for the Hualapai Tribe contend that federal court is not the proper venue for litigating the action taken by the Tribal Council earlier this month. They urged U.S. District Judge David Campbell in Phoenix to reject David Jin's request for a temporary restraining order and stay the case to allow Jin to pursue remedies in tribal court.

“This action is another attempt to convince this court to ignore the sovereignty of the tribe by enjoining its legislative and judicial authority over the exercise of its constitutional power of eminent domain,” the tribe's attorneys wrote in court documents.

Campbell did not immediately issue a ruling, instead taking the matter under advisement.

The two sides have been in a similar situation before. Nearly a year ago, Jin’s attorneys asked Campbell to keep the tribe from severing an agreement his company reached with the tribe's business arm in 2003 to build, manage and operate the Skywalk — a horseshoe-shaped glass bridge that juts out 70 feet from the Grand Canyon on the tribe's reservation.

Campbell dismissed the lawsuit without addressing Jin's claims, saying the businessman could return to federal court only after exhausting remedies in the Hualapai court in Peach Springs.

An action Jin brought in tribal court to force arbitration also was dismissed with the judge's ruling that she did not have jurisdiction over the case because tribal officials named as defendants did not waive sovereign immunity.

The dispute stems from allegations by Jin that the tribe hasn't paid him what he's owed for his investment in the Skywalk. The tribe said it ultimately cut his company, Grand Canyon Skywalk Development, out of overseeing the popular tourist attraction because Jin failed to complete a visitor center and hasn’t accounted for funding.

The tribe’s eminent domain ordinance gives its business arm 180 days to provide $11 million in compensation to Jin, a figure the tribe said came from an independent appraisal, but extensions can be granted by a tribal court if good cause is shown. Jin contends just compensation would be closer to $100 million.

His attorneys argued Friday that the contract doesn't grant the tribe civil jurisdiction over a non-Native "who never expressly consented to the tribe's exercise of civil jurisdiction," and that constitutional issues should be addressed in federal court. Jin's attorneys say they believe tribal remedies already have been exhausted.

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Lake Havasu Todays News Herald

As Kid Cudi unveiled his debut collaboration with producer, Dot Da Genius, "WZRD," at yesterday's NYC listening (Feb. 23), it was evident he had a few things to get off his chest.

Kid Cudi & Dot Da Genius Debut First Song off 'WZRD': Listen

"I'll root for anybody that steps out of their comfort zone to do something different," the G.O.O.D. Music artist admitted to an intimate crowd at NYC's artsy W.I.P. club.

Playing off the guitar-based energy of "Man On the Moon, Vol. II: The Legend of Mr. Rager," such as "Erase Me," "WZRD" (Feb. 28) features Cudi and Genius taking a number of creative leaps of faith. It's a record built on heavy riffage, dark, schizophrenic production, and Cudi's signature soul searching. The rock influences on this project are also more pronounced than Cudi's former.

"One thing I love about Pink Floyd," Cudi said, "is how the instrumentals take you to a whole other place." The artist/actor also mentioned that the Pixies, Nirvana, and Electric Light Orchestra were heavy influences on the album's soundscapes.  At a time when many indie rock/alternative musicians are dabbling in hip-hop, majority of "WZRD" could pass for Cudi fronting Sleigh Bells, filtered through the urban rock aesthetic of The Neptunes.

Sleigh Bells 'Reign of Terror': Track-By-Track Review

For an artist known for his inner demons, portrayed lyrically in his storytelling, the guitar has had a calming effect on the 28 yr. old Cleveland native. "I woke up one morning and realized I love playing the guitar; it's therapeutic for me. So I called Dot Da Genius and said I wanted to make a rock band."

"He picked up an instrument on a whim and made an album out of it, " Dot Da Genius said. Genius continued to explain that Cudi would sometimes make up guitar riffs with his mouth before transferring them to instruments.

Since arriving with "Man on the Moon: The End of Day" in 2009, Cudi has been no stranger to genre-hopping collaborations. His major label debut featured production from the indie-approved electronic duo Ratatat and its 2010 follow-up sampled vocals from critically acclaimed indie-folk act St. Vincent. In 2011, he contributed vocals, guitar, and production to Travis Barker's, of Blink-182, debut solo record, "Give the Drummer Some." Last month, he appeared on Steve Aoki's album "Wonderland."

Still, "WZRD" isn't a total departure from Cudi's past. The album favors programmed drums to maintain a self-described "hip-hop feel," and much of the record's personality should be familiar to Cudi fans: "It's not that different; the message and subject matter are still the same."

Close to the end of the live Q&A portion of the listening, Cudi seemed to have grown agitated as a few in attendance engaged in their own conservations. "I'm not a fucking substitute teacher. I'm not the principal of a school," Cudi said. According to Hip-Hop Wired, Cudi spoke on his irritation. "When two individuals who are putting their life out there through song, and they ask for your attention, you [the listeners] give it to them," Cudi said. "You came here for a purpose... to hear our music. So fucking listen to it because we're trying to educate you on what we're doing... it's as simple as that!"

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Kid Cudi, Dot Da Genius Preview 'WZRD' Album in NYC