The Washington Post Sunday

How have corporatio­ns spent their tax cut windfall?

U.S. companies are set to smash a record with share buybacks. They’ve made big capital investment­s, too.

- BY THOMAS HEATH

The Republican-led Congress approved a massive corporate tax cut last year on the premise that executives would put the money saved to good use.

Companies would build new factories. They would hire more workers. Buy new equipment. Get more efficient. Fund more research. Expand.

“A game changer for U.S. businesses,” is how Treasury Secretary Steven Mnuchin described the $2.3 trillion tax cut on CNBC after its passage. “You’re going to see massive investment coming back to the U.S.”

Companies would flourish, said Gary Cohn, who was President Trump’s chief economic adviser at the time.

“There’s an enormous amount of capital expenditur­es that can be spent in the system that enhance productivi­ty,” Cohn said a year ago during an interview with the Wall Street Journal.

So? Almost a year later, investment­s by Standard & Poor’s 500 largest public companies on new equipment and factories have jumped nearly 19 percent in the first three quarters of 2018, to about $475 billion, according to Howard Silverblat­t of S&P Dow Jones Indices. That doesn’t account for spending by the many thousands of other public and private companies.

Companies also increased research and developmen­t spending by 34 percent, to nearly $175 billion, in the first three quarters of this year.

“The tax cut was very worthwhile for business,” said David Kass, finance professor at the University of Maryland.

But Democrats and other critics of President Trump point to another crucial statistic, one they

see as a betrayal of the tax cut’s intent: increased spending on stock buybacks, which can pump up a share price without building anything or hiring anyone. Executives love buybacks because their compensati­on is often tied to share prices.

Buybacks totaled $579 billion for the first three quarters of 2018 and are expected to smash the previous annual record of $589 billion, set in 2007.

“It’s just wrong for big corporatio­ns to pocket massive, permanent tax breaks and reward the wealth of top executives with more corporate stock buybacks, while workers are given pink slips and face layoffs,” said Sen. Tammy Baldwin (D-Wis.), who has introduced legislatio­n to limit buybacks and require public companies to give workers the right to elect one-third of their company’s board of directors. “We need to rewrite the rules of our economy so we start rewarding workers instead of the wealth of executives and shareholde­rs with more stock buybacks.”

Kevin Hassett, head of the Council of Economic Advisers, said the tax cut — and the repatriati­on to the United States of tax dollars that have been parked overseas — is working as planned. “Critics of buybacks see Scrooge McDuck sitting on a pile of gold,” Hassett said. In reality, he said, “the investor either buys some other stock or invests in some other business that actually needs the money. The money is reinvested and is increasing the efficiency of the economy by moving cash to the firms that need it the most.”

Top U.S. companies are getting in on the act. Apple is leading the way, with nearly $64 billion in buybacks as of Sept. 30, according to Birinyi Associates, followed by Qualcomm ($34 billion), Cisco ($19 billion), Oracle ($18 billion) and Bank of America ($15.8 billion).

Warren Buffett repurchase­d nearly $1 billion of Berkshire Hathaway shares, although the billionair­e Omaha investor has been reluctant to buy back shares in the past.

Since the first quarter of 2008, U.S. companies have repurchase­d $5.7 trillion of their stock, according to Birinyi Associates.

Cash-rich Apple is a huge buyer of its own stock, but it also invests a ton in its business. Apple is spending $14.2 billion in research and developmen­t for 2018, according to regulatory filings. That is up 23 percent from a year ago. Apple also is spending $16.7 billion in capital expenditur­es this year.

The iPhone maker announced a few days ago that it plans to invest $1 billion to build a second corporate campus in Austin, where as many as 15,000 employees could eventually work. The company committed early this year to spending $350 billion in the United States over the next five years, including $30 billion in capital expenditur­es.

Buybacks first?

Dividends, which are cash payments to shareholde­rs, are up as well. Based on payments for the first 11 months of 2018, dividends set a new annual record at $420 billion, beating last year’s $419.7 billion, which was also a record, Silverblat­t said.

“From where I sit, you’ve got buybacks and dividends up far more than CapEx [capital expenditur­es],” said Jared Bernstein, who served as economic adviser to then-Vice President Joe Biden. “I’d expect business to be investing a lot more aggressive­ly. Unless you’re being paid to believe otherwise, you don’t see a tax-cut- induced surge in capital spending, at least not yet. So you have to ask yourself, ‘What was the promise of the tax cut?’ ”

Bernstein cited research by Goldman Sachs showing that business investment as a percentage of gross domestic product is in line with historical norms. “It’s not that CapEx has shut down. It’s that it’s largely on it’s pre-tax-cut trend, while buybacks show clear and obvious increases since the 2017 cuts,” he said. “It’s too soon to make any sort of final call on the tax cut’s effect on business investment. But, at least so far, defenders of trickle-down once again have a lot of explaining to do.”

Bernstein added: “I had onthe-record debates with the supporters of tax cuts who said buybacks aren’t going to go up, it’s all going to go into investment­s. Now they are saying, buybacks first, investment later. It’s possible they will be proved right. But history is on my side.”

Dividend payments register as income and have immediate tax consequenc­es But buybacks allow shareholde­rs to defer paying taxes on the increased price of the stock — known as a capital gain — until they sell the shares. That could be years later.

“I don’t think the companies should be allowed to do any buybacks,” said economist William Lazonick, of the University of Massachuse­tts at Lowell. “Part of that money should go to higher wages and more job security. That’s the way it used to work, but it has not been working since buybacks started becoming significan­t in 1984.”

Average earnings for U.S. private-sector employees are up 2.8percent in 2018, according to the Bureau of Labor Statistics.

Also at issue is whether the 45 percent of Americans who, according to a May 2018 Gallup poll, don’t own stock get any benefit from share price increases attributab­le to buybacks.

Buyback proponents say share price increases are good for people even if they don’t invest in stocks or mutual funds. They point to pension funds, whose holdings increase with stock prices, helping them fulfill their obligation­s to pensioners without asking employers for more money or government for a bailout. Hassett pointed to a Fed statistic that shows independen­t business investment rising at an annual rate of 16 percent this year, the highest year since 1993.

“We are seeing a big surge in investment by the little guy, who was cash-starved under the old tax code,” Hassett said.

Rule 10b-18

On Capitol Hill, there is a movement to curtail buybacks. Though always legal, buybacks became much more common after the Securities and Exchange Commission in 1982, during Ronald Reagan’s presidency, made it easier for companies to repurchase shares without being accused of stock manipulati­on.

The SEC adopted what is known as “Rule 10b-18,” which provides a “safe harbor” for a board of directors to authorize the repurchase of shares on the open market as long as the company abides by certain conditions. The conditions include public-disclosure requiremen­ts and limits on the number of shares repurchase­d.

Abuse is an issue, in part because executive compensati­on is often tied to a company’s share price. And buybacks can raise share prices without a company doing anything more than spending cash to buy its stock.

Even some Democrats such as Bernstein say a revamping of corporate taxation was needed to make the United States more competitiv­e with the rest of the world. Bernstein applauded the increase in capital expenditur­es.

“The numbers on capital expenditur­es are up, but they are up less than buybacks,” Bernstein said. “I had no problem with the corporate tax-rate cut. What I am outraged by is how much revenue the government loses. I wouldn’t have minded a revenue-neutral tax reform.”

Douglas Holtz-Eakin, an economist and president of the American Action Forum, said the buybacks are irrelevant. It’s getting the money out of corporate coffers and recirculat­ing it through the economy that counts.

“I don’t think you can hold buybacks as a demerit for the tax bill,” he said. “Buybacks tell you nothing about the ultimate dispositio­n of that tax money. What matters is, ‘Did the tax bill improve the incentives for investment in physical equipment, R&D, new ventures or not?’ ”

Holtz-Eakin said: “I want to go out five years and look back and see that we changed the trend in capital expenditur­es and productivi­ty. That’s the goal. We have had very weak CapEx and productivi­ty growth of under 1 percent a year. I would like to see that number go to 1.5 or 2 percent. That’s where increases in standard of living come from, and it’s the real heart of economic success.”

Harvard law professor Jesse Fried has done extensive research on buybacks and supports them. Fried said the money spent on buybacks circulates back to workers because people reinvest the cash they get from selling shares to the company.

“Shareholde­rs take much of this cash, invest it in capitalhun­gry private firms, which use it to invest and hire workers,” Fried said. “And while public firms may grab the spotlight, smaller private firms employ twice as many workers and tend to be much more innovative, and can often put this cash to better use.”

 ?? DAVID GRAY/REUTERS ?? ABOVE: Apple tops this year’s buyback rankings, at nearly $64 billion as of Sept. 30. BELOW: Even Warren Buffett spent nearly $1 billion repurchasi­ng Berkshire Hathaway shares.
DAVID GRAY/REUTERS ABOVE: Apple tops this year’s buyback rankings, at nearly $64 billion as of Sept. 30. BELOW: Even Warren Buffett spent nearly $1 billion repurchasi­ng Berkshire Hathaway shares.
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 ?? RICK WILKING/REUTERS ??
RICK WILKING/REUTERS

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