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Given that "American taxpayers will shoulder the burden of tax cuts" for major tech companies, she argued, "they deserve answers."
U.S. Sen. Elizabeth Warren this week sent letters to five Big Tech executives—including the world's three richest individuals—to sound the alarm about their "personal and financial ties to the Trump administration" and how they "may be exploiting" those relationships for billions of dollars in corporate tax breaks.
The Massachusetts Democrat's targets include Tesla CEO Elon Musk, the wealthiest person on Earth and head of President Donald Trump's Department of Government Efficiency, which is leading the administration's effort to dismantle the federal bureaucracy.
She also wrote to Mark Zuckerberg, CEO of Meta—which owns Facebook and Instagram—as well as Amazon.com founder and executive chairman Jeff Bezos. As of Thursday, they are respectively the second- and third-wealthiest people on the planet. Warren's final two letters went to Apple CEO Tim Cook and Sundar Pichai, chief executive of Alphabet, Google's parent company.
"This $75 billion windfall is only one slice of the billions of dollars that you stand to gain from Republican efforts to lower your taxes while raising costs for working families."
Warren and other Democrats on Capitol Hill are intensely critical of the Tax Cuts and Jobs Act (TCJA), which congressional Republicans passed and Trump signed in 2017. The law was largely crafted to serve rich individuals and businesses, including by slashing the corporate tax rate from 35% to 21%.
Now that the GOP has regained control of the White House and both chambers of Congress, its members are aiming to extend expiring provisions of the TCJA—funded by gutting programs for the working class.
As Warren's office noted in a Thursday statement, the TCJA ended "a corporate tax break known as research and development (R&D) expensing to help pay for their tax cuts for the ultrawealthy. This tax break allowed companies to deduct the total cost of their R&D expenses immediately, instead of deducting them over time, as is the standard practice in the tax code."
"This change was one of the few parts of the 2017 bill that forced companies to pay higher taxes," her office explained. "Now, corporations want to revert back to the pre-2017 rules—and not only do corporations want to apply immediate R&D expensing to future tax years, but they are also pushing to retroactively apply these deductions to 2022, 2023, and 2024."
Warren's letters cite a recent independent analysis by the Institute on Taxation and Economic Policy, which found that retroactive application of R&D expensing alone would slash each company's tax bill by billions of dollars—specifically, Tesla: $2.5 billion; Meta: $15 billion; Amazon: $22 billion; Apple: $10 billion; and Alphabet: $24 billion.
In other words, Warren wrote, "collectively, Alphabet, Amazon, Apple, Meta, and Tesla are projected to win $75 billion if Congress awards them retroactive R&D tax expensing—nearly double what the federal government spends on child nutrition programs each year and a fantastic return on investment for the millions you have spent lobbying on the tax fight."
"And this $75 billion windfall is only one slice of the billions of dollars that you stand to gain from Republican efforts to lower your taxes while raising costs for working families," she continued, pointing out that GOP lawmakers may "succeed in lowering the corporate tax rate even further, as President Trump has sought, or in handing out other tax giveaways to massive corporations."
Given that "American taxpayers will shoulder the burden of tax cuts" for major tech companies, "they deserve answers," argued Warren, a member of the Senate Finance Committee. She demanded responses to a list of questions by March 19.
Warren's inquiries include how much the companies are spending on lobbying for Republicans' tax legislation, and the R&D provision specifically; which trade associations, lobbying coalitions, or similar entities that they are a part of; and how much they have given, directly or indirectly, to federal elected officials who are advocating for corporate tax giveaways.
The senator also asked "exactly how much" of the retroactive tax breaks that the tech giants would put toward R&D investment and how they expect it will impact the companies' outlook for stock buybacks and executive compensation.
The potential tax law change is just one way Republican control of the federal government could benefit Big Tech. As the watchdog Public Citizen highlighted Tuesday, Amazon, Apple, Google, Meta, and Tesla are among dozens of companies with ties to the Trump administration that could benefit from its efforts to end corporate probes and enforcement actions.
"Rather than learning from its reckless contributions to mass violence in countries including Myanmar and Ethiopia, Meta is instead stripping away important protections that were aimed at preventing any recurrence of such harms."
An expert on technology and human rights and a survivor of the Rohingya genocide warned Monday that new policies adopted by social-media giant Meta, which owns Facebook and Instagram, could incite genocidal violence in the future.
On January 7, Meta CEO Mark Zuckerberg announced changes to Meta policies that were widely interpreted as a bid to gain approval from the incoming Trump administration. These included the replacement of fact-checkers with a community notes system, relocating content moderators from California to Texas, and lifting bans on the criticisms of certain groups such as immigrants, women, and transgender individuals.
Zuckerberg touted the changes as an anti-censorship campaign, saying the company was trying to "get back to our roots around free expression" and arguing that "the recent elections also feel like a cultural tipping point toward, once again, prioritizing speech."
"With Zuckerberg and other tech CEOs lining up (literally, in the case of the recent inauguration) behind the new administration's wide-ranging attacks on human rights, Meta shareholders need to step up and hold the company's leadership to account to prevent Meta from yet again becoming a conduit for mass violence, or even genocide."
However, Pat de Brún, head of Big Tech Accountability at Amnesty International, and Maung Sawyeddollah, the founder and executive director of the Rohingya Students' Network who himself fled violence from the Myanmar military in 2017, said the change in policies would make it even more likely that Facebook or Instagram posts would inflame violence against marginalized communities around the world. While Zuckerberg's announcement initially only applied to the U.S., the company has suggested it could make similar changes internationally as well.
"Rather than learning from its reckless contributions to mass violence in countries including Myanmar and Ethiopia, Meta is instead stripping away important protections that were aimed at preventing any recurrence of such harms," de Brún and Sawyeddollah wrote on the Amnesty International website. "In enacting these changes, Meta has effectively declared an open season for hate and harassment targeting its most vulnerable and at-risk people, including trans people, migrants, and refugees."
Past research has shown that Facebook's algorithms can promote hateful, false, or racially provocative content in an attempt to increase the amount of time users spend on the site and therefore the company's profits, sometimes with devastating consequences.
One example is what happened to the Rohingya, as de Brún and Sawyeddollah explained:
We have seen the horrific consequences of Meta's recklessness before. In 2017, Myanmar security forces undertook a brutal campaign of ethnic cleansing against Rohingya Muslims. A United Nations Independent Fact-Finding Commission concluded in 2018 that Myanmar had committed genocide. In the years leading up to these attacks, Facebook had become an echo chamber of virulent anti-Rohingya hatred. The mass dissemination of dehumanizing anti-Rohingya content poured fuel on the fire of long-standing discrimination and helped to create an enabling environment for mass violence. In the absence of appropriate safeguards, Facebook's toxic algorithms intensified a storm of hatred against the Rohingya, which contributed to these atrocities. According to a report by the United Nations, Facebook was instrumental in the radicalization of local populations and the incitement of violence against the Rohingya.
In late January, Sawyeddollah—with the support of Amnesty International, the Open Society Justice Initiative, and Victim Advocates International—filed a whistleblower's complaint against Meta with the Securities and Exchange Commission (SEC) concerning Facebook's role in the Rohingya genocide.
The complaint argued that the company, then registered as Facebook, had known or at least "recklessly disregarded" since 2013 that its algorithm was encouraging the spread of anti-Rohingya hate speech and that its content moderation policies were not sufficient to address the issue. Despite this, it misrepresented the situation to both the SEC and investors in multiple filings.
Now, Sawyeddollah and de Brún are concerned that history could repeat itself unless shareholders and lawmakers take action to counter the power of the tech companies.
"With Zuckerberg and other tech CEOs lining up (literally, in the case of the recent inauguration) behind the new administration's wide-ranging attacks on human rights, Meta shareholders need to step up and hold the company's leadership to account to prevent Meta from yet again becoming a conduit for mass violence, or even genocide," they wrote. "Similarly, legislators and lawmakers in the U.S. must ensure that the SEC retains its neutrality, properly investigate legitimate complaints—such as the one we recently filed, and ensure those who abuse human rights face justice."
The human rights experts aren't the only ones concerned about Meta's new direction. Even employees are sounding the alarm.
"I really think this is a precursor for genocide," one former employee toldPlatformer when the new policies were first announced. "We've seen it happen. Real people's lives are actually going to be endangered. I'm just devastated."
Lobbyists want Congress to restore a policy that allowed companies to immediately deduct the expenses characterized as research and development in the year they are incurred.
New financial reports indicate five of America’s biggest corporations—Alphabet, Amazon, Apple, Meta, and Tesla—could win $75 billion in tax breaks if U.S. Congress and the president satisfy demands from corporate lobbyists to reinstate a provision repealed under the 2017 Trump tax law.
The CEOs of these companies may have hoped to gain any number of benefits from attending the second inauguration of President Donald Trump in January, and this tax break is just one possible example.
The tax break allowed companies to immediately deduct the expenses characterized as research and development in the year they are incurred rather than deducting those expenses over several years like other investments. Repeal of this tax break was one of the few revenue-raising provisions in the Trump tax law, and it was supposed to slightly offset the costs of the law’s corporate tax cuts.
Restoring the R&D provision would reduce the collective effective tax rate paid by these five companies for this three-year period by almost two-thirds, from 20% to 7%.
The Trump tax law repealed the R&D expensing break starting in 2022, replacing it with a less generous rule requiring R&D expenses to be deducted over five years. In the previous Congress, the House of Representatives passed a bill reinstating the break retroactive to 2022. That bill did not advance in the Senate, but now that Republicans control the House, Senate, and White House, there is every reason to believe the proposal will be considered again.
Proponents of the tax break make a very questionable argument that it encourages companies to engage in research that benefits society. But reinstating this tax break retroactively obviously cannot accomplish this because it would merely reward companies for research and development investments they already made. The $75 billion saved by these companies would be a pure windfall that does not require them to do anything going forward.
The 2024 House-passed bill that would have reinstated this tax break was controversial, but that legislation at least offset the costs by shutting down a different tax break that was being fraudulently claimed by unscrupulous accountants on behalf of businesses that were not actually eligible for it. That legislation also included a badly needed expansion in the Child Tax Credit. Republicans in the Senate blocked that bill because they hoped they could later enact tax legislation that would be even more generous to corporations—as they are now trying to do.
The five tech companies profiled here have disclosed that in the three years the R&D tax increase has been in place, their federal income tax bills increased by at least $75 billion as a result of this provision.
These companies have reaped huge windfalls from Donald Trump’s 2017 tax law, which included a reduction in the statutory corporate tax rate from 35 to 21%. They also benefit from special breaks and loopholes allowing them to pay effective tax rates that are even lower than the statutory rate of 21%. And they will pay even lower effective tax rates if President Trump and Congress reinstate the R&D tax break.
For example, the federal corporate income taxes that Apple reports it paid over the past three years come to 18% of its reported income during that period. That is another way of saying Apple paid an effective tax rate of 18% during the previous three years. If Congress retroactively repeals the R&D tax change, the company’s three-year tax rate would be cut in half, to 9%.
Meta’s three-year tax rate on $133 billion of U.S. income would drop from 15% to just 4%. And the three-year tax rate of Elon Musk’s Tesla would drop from the 0% the company currently reports to negative 22%.
Restoring the R&D provision would reduce the collective effective tax rate paid by these five companies for this three-year period by almost two-thirds, from 20% to 7%.
The research and development provision at stake in this year’s tax debate was one of the few revenue-raisers embedded in the 2017 law and served to make the plan overall appear somewhat less costly. Repealing this tax change is a stealthy way to make the corporate tax cuts even bigger than they were when enacted in 2017, and it would allow the five companies profiled here to shelter two-thirds of their U.S. income from federal income tax.