Bolster Makers of Video Games Rich Tax Breaks
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Nxxx,2011-09-11,A,014,Bs-BW,E2 14 Ø N THE NEW YORK TIMES NATIONAL SUNDAY, SEPTEMBER 11, 2011 The Tax Advantage next year to hire a prominent Washing- ton tax lobbying firm. Soon after the law Rich Tax Breaks Bolster Video game developers was signed, its lobbyist, Jonathan Tal- can take advantage of SOFTWARE MAKERS Section 174 of the Tax Code isman of Capitol Tax Partners, was government tax breaks granted a meeting with the Treasury provided to a number Companies like Microsoft and Department’s deputy assistant secre- Makers of Video Games; of different industries. Intuit can immediately deduct tary of tax policy — the same office Mr. all development costs instead Kohl once held — to ask that the de- Tax breaks for... of taking deductions for them over several years. duction be extended to video game com- panies and the revenues they earned Tech Value Is Questioned ESTIMATED ANNUAL COST from online subscriptions. When the $4.3 billion I.R.S. issued its final regulations, video committee, also promised the tax break From Page 1 games and their online revenues were would indirectly bolster national securi- ENTERTAINMENT INDUSTRY RESEARCH AND DEVELOPMENT specifically cited as qualifying for the pares to the official United States corpo- ty by stimulating “the search for new Section 41 of the Tax Code deduction. That deduction last year products and new inventions upon More than 20 states offer rate rate of 35 percent. video game developers VIDEO GAME Companies as diverse as Pfizer, equaled 9 percent of its production All told, the federal government gave which the future economic and military incentives similar to the DEVELOPERS Boeing and Apple can claim tax costs, offering E.A. significant tax sav- $123 billion in tax incentives to corpora- strength of our nation depends.” federal tax breaks given to credits for their annual ings. tions in 2010, according to the Joint In 1969, the I.R.S. expanded that tax movie companies. increases in research and Company officials point out that the Committee on Taxation, with breaks for break to allow companies to deduct the development spending. deduction is available to a wide range of cost of software development, which ESTIMATED ANNUAL COST groups and people as diverse as Nascar ESTIMATED ANNUAL COST industries. “The credit is not specific to track owners, mohair producers, hedge was a small part of a business that was N.A. INTELLECTUAL PROPERTY / $4 billion video games,” said Mr. Brown, the fund managers, chicken farmers, auto- then dominated by bulky mainframe spokesman. “It’s designed to encourage C M Y K Nxxx,2011-09-11,A,001,Bs-BK,E3computers. When the video game in- ONLINE CONTENT PRODUCTION makers and oil companies. any domestic manufacturing in the dustry sprouted in the early 1970s, game Not explicitly covered by the Tax Code Many tax policy analysts say the United States — from soft drinks to C M Y K Nxxx,2011-09-11,A,001,Bs-BK,E3developers reaped substantial tax sav- Companies like Google can license breaks for the video game industry — steel, to movies, music and newspa- ings because most of their costs were their products to subsidiaries in whose domestic sales of $15 billion a pers.” During Mr. Kohl’s seven years at CCCMMMYYYKKK Nxxx,2011-09-11,A,001,Bs-BK,E3Nxxx,2011-09-11,A,001,Bs-BK,E3Nxxx,2011-09-11,A,001,Bs-BK,E3Nxxx,2011-09-11,A,001,Bs-BK,E3for software development. lower-tax countries and then assign C M Y K C M Y K year now exceed thoseNxxx,2011-09-11,A,001,Bs-BK,E3 of the music the company, Electronic Arts also be- Electronic Arts, founded in 1982, has their profits overseas. Companies business — are a vivid example of a tax came more aggressive about assigning since become one of the world’s domi- with multiyear online subscriptions Late Edition system that defies common sense. Most its intellectual property offshore, a nant video game companies — pro- can also defer part of their revenue. times, subsidies begin as a way to nur- Today, cloudsmove and that sun, often afternoon reduces a company’s C M Y K Nxxx,2011-09-11,A,001,Bs-BK,E3ducing popular titles like SimCity, FIFA ESTIMATED ANNUAL COST Late Edition ture a fledgling industry that will not be and eveningtax showersbill. Mr. Kohl, and who a thun- declined to be in- soccer, Harry Potter and Madden NFL At least $60 billion profitable for years or to encourage a Sources: Joint Committee on Taxation; Today, clouds and sun, afternoonderstorm, terviewed,high 73. is now runningpartly the tax de- — and has benefited mightily from that Kimberly A. Clausing, Reed CollegeLateLateLate Edition Edition Edition Late Edition Tonight, business activity deemed to have a Latepartment Edition at Amazon, which is leading tax incentive. and evening showers andcloudy, a thun- low 65. Tomorrow, some Nxxx,2011-09-11,A,001,Bs-BK,E3broad benefit to society, like reducing Today,Today,Today,cloudscloudsclouds and and and sun, sun, sun, afternoon afternoonToday, afternoonclouds and sun, afternoon the legal battle by Internet retailers C M Y K C M Y K Nxxx,2011-09-11,A,001,Bs-BK,E3The company’s software develop- derstorm, high 73. Tonight,Today,sun,partly highclouds 80. and Details, sun, afternoonPage 18. pollution or improving publicNxxx,2011-09-11,A,001,Bs-BK,E3 health. andandand evening evening evening showers showers showers and and andand a a thun- a thun-evening thun- showers and a thun- who want to avoid collecting state sales C M Y K But it’s a lot easier to create a tax ment costs — including salaries for the cloudy, low 65. Tomorrow,and eveningsome showers and a thun- designers — have totaled nearly $6 bil- derstorm,derstorm,derstorm, high high high 73. 73. 73.Tonight, Tonight, Tonight,derstorm,partlypartlypartly highLate 73. Edition Tonight, partly taxes from customers. break than to eliminate it. That leaves a sun, high 80. Details, derstorm,Page 18. highIn 73.2003, Tonight, before partlyjoining Electronic generous assortment of tax incentives lion over the last five years, and the cloudy,cloudy,cloudy, low low low 65. 65. 65.Tomorrow, Tomorrow, Tomorrow,cloudy,Today,somesomesome lowclouds 65. andTomorrow, sun, afternoonsomecloudy, low 65. Tomorrow, some VOL. CLX . No. 55,525 © 2011 The New York Times NEWcompany YORK, says it SUNDAY,deducted all but SEPTEMBER a 11, 2011 $6 beyond the greater New York metropolitanArts, area. Mr. Kohl co-authored$5.00 a widely- available to all types of companies, like sun,sun,sun, high highhigh 80. 80. 80. Details, Details,Details, Pagesun, PageandPage evening18.high 18.18. Late80. showers Details, Edition and Page a thun-sun, 18. high cited80. Details,proposal urgingPage the18. federal gov- Electronic Arts, with skilled accounting small amount of those expenses imme- Today, cloudsLate and Edition sun, afternoon VOL. CLX . No. 55,525 © 2011 The New York Times NEW YORK, SUNDAY, SEPTEMBER 11, 2011 Late$6 beyond Edition the greater Newderstorm, York metropolitan high 73. area. Tonight, partly ernment to crack down on corporate tax departments. diately. Companies that produce movies and evening showers and a thun- $5.00 or compact discs, by contrast, face Today, clouds and sun, afternoon avoidance, warning that “the tax shel- Electronic Arts has also lobbied suc- Today, clouds and sun, afternooncloudy,andderstorm, evening low high 65.showers 73. Tomorrow, Tonight, and a partlythun-some VOL.VOL.VOL. CLX CLX CLX . 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Details, Page 18. the tax system not to act.” As head of Beyond Cairo, architect of the company’s strategies in derstorm, high 73. Tonight, partlycloudy, low 65. Tomorrow, some most production costs over a number of RICH TAXtax at Electronic BREAKS Arts, he became a not- recent years was Glen A. Kohl, a tax sun, high 80. Details, Page 18. years. While video game makers have cloudy, low 65. Tomorrow, some ed expert in using Lateforeign Edition subsidiaries Beyond Cairo, Today, clouds and sun, afternoon VOL. CLX . No. 55,525lawyer colorful© 2011enough The New to York publicly Times com- NEW YORK, SUNDAY, SEPTEMBER 11, 2011 $6 beyond the greater New York metropolitanRICH area. TAX BREAKS$5.00 to legally, and sharply, cut a corpora- VOL. CLX . No. 55,525 © 2011 The New York Times NEW YORK, SUNDAY,often SEPTEMBER compared themselves 11, 2011 to movie sun, high$6 beyond 80. Details,the greater NewPage York 18. metropolitan area. $5.00 and evening showers and a thun- Israel Sensing pare himself to Bruce Springsteen and VOL. CLX . No. 55,525 © 2011 The New York Times NEWcompanies YORK, when SUNDAY, seeking tax SEPTEMBER incentives, 11, 2011 $6 beyond the greater New York metropolitan area.