There is a difference between something that is legal and something that is illegal but difficult to prove. You seem to be conflating the two issues.
They use weird loopholes (which get closed, and which sometimes require repayment of unpaid tax) and bizarre corporate structures which only exist to avoid tax.
If tax law were not so onerous and burdensome, there would be no incentive to crease these corporate structures and to manage business in such a way.
There is nothing legally or morally objectionable about using the rules, written by your adversary, to your own advantage.
Taxes are routinely used to punish and influence people. Alcohol taxes, tobacco taxes, fuel taxes, they all have the dual purpose of raising revenue and discouraging behavior that the state wishes to limit.
That's your choice. You could also see it as paying your dues, or even as doing your part in maintaining your society. The optimal attitude is probably somewhere between those views.
> Taxes are routinely used to punish and influence people. Alcohol taxes, tobacco taxes, fuel taxes, they all have the dual purpose of raising revenue and discouraging behavior that the state wishes to limit.
Well, that's the point of having a state. It's often a good thing, especially in the examples you mentioned. One of the most important function of a state is to serve as a coordination enforcer - in situations when people, out of their self-interest, would predictably chose something that aggregated over the entire population leads to bad outcomes for everyone, the state is there to alter the incentive landscape and make sure they chose the better thing.
The fact that you earn anything at all, or that you don't get robbed, or that you have any property rights at all, is a function of the state. I'm sure you consider the state your ally for those reasons.
The state would publish a simple tax table, if people just followed it without going into legal word games and battles over verbiage and what the word "income" means.
>they all have the dual purpose of raising revenue and discouraging behavior that the state wishes to limit.
The state limits the behavior that they have been elected to limit. Occasionally, such limits get repealed when the citizenry chooses that they no longer wish to have that behavior be controlled.
Obviously, if these allowances are to the disadvantage of the state (and the society at large), politics should remove them. But blaming the companies for using them in the meantime seems to be barking up the wrong tree to me.
It's more like this: workers and employers benefit greatly when the workers can get paid in a way that doesn't count as income for them, but does count as a expense for the company.
So there's an incentive to find ways to buy workers stuff they'd pay for anyway and claim it's an expense; the strength of this incentive increases with the tax rate. So you might have situations where employers buy "office supplies" and let employees walk away with them. That $1 pen gives $1 of consumption to the worker, when $1 of salary would only have bought say $0.65 worth of pens.
Then if it becomes a big thing, the tax authority has to squash it with a rule that says "hey, you can't deduct more than $X per employee for pens, where a pen is defined as ... zzz ...".
(A more common example is business travel and expense accounts, in which you're relabeling consumptive behavior as a cost of doing business that can't be used for consumption.)
Most of the debate about tax rates is framed in terms of "gosh, how much do you really need", and completely bypasses the question of "how much are we incentivizing intelligent people to wastefully characterize consumption as expenses?"
In the US you even see the President after his term be openly welcomed to the Board of some large corporation or another that his regime benefited...
Tax laws have loopholes because exceptions were made.
If there were no exceptions there would be no loopholes.
So the real goal should be instead of trying to patch the infinite number of loopholes created by ever increasing complexity is to throw it all out and come up with a simple ruleset that applies to everyone and everything with no exceptions.
So we add in an exception that says "You can deduct from revenue the cost of goods sold" (i.e., tax on net instead of gross). Now all the business has to do is find ways of hiding profit in the cost of goods sold.
Then there are products which contain materials that changed hands many times before it got to the final product. So if a raw material (lets say, cotton) is the majority expense, it has to go to one company to refine it, a second company to turn it into thread, a third to add color, a fourth to make it into fabric, and finally a fifth company to make a shirt. So that cotton gets taxed 5 times before it gets sold to the end consumer.
So let's add another exception, that goods sold for use in making another product aren't taxed -- that way, large businesses that produce the entire vertical stack in-house don't have an unfair tax advantage against smaller companies. Gee, now we have another loophole that can be creatively exploited.
Look at this. New York's tax burden is so great that it was economically advantageous for this man to pay someone to keep track of the number of days he spent in New York just so they couldn't claim he was a resident and force him to pay their taxes.
http://www.newyorker.com/magazine/2012/03/19/tax-me-if-you-c...
Isn't that what he said? That many of the schemes are clearly illegal but the authorities just lack the resources to investigate and prosecute them (from what I've heard from people who work at HMRC it's not that at lot of them are "difficult to prove", it's more like shooting fish in a barrel and more convictions would be trivially achieved by hiring more staff and the higher ups having the political will to do it). The rest of your post is irrelevant given the above.
> But some of these tax avoidance schemes are only legal because tax authorities do not have the number of staff needed to investigate and prosecute all of them.
I.e. claiming legality by saying that they are not prosecuted.
Legal = white. Illegal = black.
If you stray from legal, you should suffer consequences. Not suffering consequences because of lack of staff does not automatically make your action illegal.
For instance deducting your purchase of a computer because you need it for your company is seen as beneficial for both society and for you.
Deducting large investments is also seen as in balance with what you get out of the society you conduct your business in.
Channeling money out of the country purely to avoid paying them in taxes is not.
The difference between what I would consider "morally just" tax planning and suspicious tax avoidance is trying to take money out of the ecosystem that you benefitting from to make those money.
It's not black and white but it's not entirely fuzzy either.
Law is a mix of legislation and case law. If there isn't case law something might be considered to be not valid by tax authorities, but valid by the people doing it.
This is the grey area between normal tax planning and illegal tax evasion.