Tuesday, 02 January 2024 12:17 GMT

Coca-Cola confronts heavy tax liability amid profit shifting allegations


(MENAFN) In a critical court ruling, Coca-Cola has been accused of concealing "astronomical levels" of profits in low-tax jurisdictions to evade U.S. taxes. This ruling marks a significant development in the company's prolonged legal battle with U.S. tax authorities, which could result in a substantial financial impact. The dispute, ongoing for over a decade, may potentially leave Coca-Cola liable for up to USD16 billion in back taxes, equivalent to more than eighteen months of its profits. The allegations center on Coca-Cola's practice of shifting profits to countries like Ireland, where tax rates are significantly lower, a tactic that has come under intense scrutiny. Coca-Cola plans to appeal the court's decision later this year, aiming to mitigate the financial repercussions.

The details of Coca-Cola's tax strategies and the associated risks have gradually emerged through its regulatory filings in recent years. The recent court decision, part of a series of tax rulings over the past four years, mandates that Coca-Cola pay USD6 billion promptly to cover unpaid taxes and interest from 2007 to 2009. This amount is part of a potentially larger liability that could reach USD10 billion over the next fifteen years. However, these payments will not immediately affect Coca-Cola's reported profits, provided the company, along with its auditor Ernst Young, maintains that there is a better than 50-50 chance of winning the appeal. This accounting approach allows Coca-Cola to defer reporting the payments in its profit and loss statements, thereby minimizing the immediate financial impact.

Nevertheless, the stakes are high for Coca-Cola. If the company misjudges its chances of a successful appeal, the resultant losses could obliterate its net income for the past year and a half. Moreover, the IRS could impose a higher U.S. tax rate on Coca-Cola in the future, potentially increasing its global tax rate by 3.5 percentage points from the previous year's rate of 17.4 percent. This situation underscores the broader significance of the case, as the USD16 billion in potential tax revenue is equivalent to the annual budget of the Internal Revenue Service (IRS). The confrontation with Coca-Cola serves as a pivotal test for the IRS, reflecting its commitment to tackling complex issues of corporate tax evasion and ensuring that large corporations comply with tax regulations. 

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