Live data from Hacker News

The time bomb in the tax code that's fueling mass tech layoffs

qz.com

481–490 of 991 posts

Re: The time bomb in the tax code that's fueling mass tech layoffs

#481
If you didn't know about Section 174 until 2025 you have no business being in a leadership position anywhere, period.

This has been a slow moving disaster for years now and people have repeatedly tried to raise the alarm.

Just crickets and layoffs.

Re: The time bomb in the tax code that's fueling mass tech layoffs

#482

Earlier quoted context omitted.

But where an established company invests steadily in software, whether it is amoritized or deducted year to year is a wash. Rather than harm tech, this would seem to protect established US companies at the expense of startups. Thats probably great for shareholders in publicly traded companies. It seems just another querk of taxation meant to maintain the established order

Only bootstrapped startups, funded startups will get the amortization by the time they need to deduct from earnings.

This is what I was thinking too

Re: The time bomb in the tax code that's fueling mass tech layoffs

#483
There is definitely a lot of misunderstanding here.

This provision can and does lead companies to owe significantly more in taxes than they make.

The only reason it hasn't been bigger news, is because most companies are pretending it doesn't exist and just sweeping it under the rug, hoping it will get fixed before enforcement gets serious.

Re: The time bomb in the tax code that's fueling mass tech layoffs

#484
post #22

This is insane, how does it make sense? Employee salary expenses are no different from other expenses to run your business. Imagine they did this for raw material instead, a restaurant could only expense 20% of the food that they sell. If they purchased $100 worth of food, but could only sell $50 worth of it, they have to pay tax on that even when making a net loss overall. It just does not make any sense. There woul…

It’s the same for movies, other intangible assets that are valuable and produce income over several years. And it’s done for many tangible goods, like servers in a datacenter, the kitchen equipment in a restaurant.

Re: The time bomb in the tax code that's fueling mass tech layoffs

#485

Earlier quoted context omitted.

In the US, most recent studies of asset portfolios suggest that 60-70% of notional asset value has no liquid market. We already generate fictitious valuations for compliance purposes in many cases (e.g. 409A) that no one confuses with being representative of actual value. Tax policy based on overt fiction is bad policy. Even in the case of real estate, a large amount of value is locked up in extremely non-liquid mark…

If your asset valuations were swinging by an order of magnitude (10x), that wasn’t real estate, it was gambling in the fog.

That isn’t the asset valuation, that is the range of assessments interested parties make with respect to asset value. Because market clearing transactions are rare in many asset markets, those extremely high variance estimates of asset value are all you have to work with. It is only marginally better than no information at all. Too make matters worse, the rare transactions in these markets frequently have a lot of complicated structure such that the nominal price is not reflective of the underlying value.

tl;dr: Many assets have no meaningfully assessable fair market value. These are investments with extremely long and indefinite time horizons before the asset value can be assessed in a reasonable way. You can look at it as a peculiar type of risk capital portfolio with an extraordinarily long time horizon.

Re: The time bomb in the tax code that's fueling mass tech layoffs

#486
post #62

Is there a flaw in saying, "salaries should always be considered a business expense and cannot be amortized over many years." ?

Yes, I think there are two similar but subtly different flaws in that always.

1) Accounting rules are to match revenue with the expenses responsible for them, which I think is a good principle. If your workers make something now that provides revenue for 5 years, it makes sense to spread that expense over 5 years too. In many cases, you would want to do that as a business, makes it more clear how your business is profitable vs not.

2) Decisions whether to "build vs buy" a capital asset should not have massive tax implications. If I buy CoolSoftwareProduct from someone and resell it for the next 5 years, I'd have to amortize that. Should be similar if I hire a coder to write CoolSoftwareProduct instead.

(This doesn't mean that "salaries should always be amortized" is the right answer, of course, I think it's a very silly law)

Re: The time bomb in the tax code that's fueling mass tech layoffs

#487
post #443

Earlier quoted context omitted.

Or are cynical Americans living in an alternate world, blind to how much better the rule of law is here than most other countries? The commenter's comparison was to Russia. When was the last time Putin lost an election? I'd say we're slightly behind western Europe as far as rule of law goes, not really sure about the advanced east (Japan, Korea), and miles ahead of just about everywhere else (eastern Europe, Russia,…

I mean, the sitting President was shilling cars on the White House lawn and runs an active meme coin bribery slush fund. This is not slightly behind Western Europe. This is miles behind any developed country. China may be corrupt, but Xi Jinping hasn’t yet sold beans or cars via press conference.

The rule of law gets down to nitty-gritty levels, too, not just a reality show at the highest altitudes: trust the police don't extort you, the ability to gain relief in court (small claims or civil), trust things you build won't be looted overnight, trust in your neighborhood to walk at night or leave something unlocked, trust in your bank to wire things, trust in your title companies, trust in your package deliveries, etc.

It's not perfect, but you could do so, so much worse.

Re: The time bomb in the tax code that's fueling mass tech layoffs

#488
post #443

Earlier quoted context omitted.

> almost no lying and cheating here Are you living in an alternate world?

Or are cynical Americans living in an alternate world, blind to how much better the rule of law is here than most other countries? The commenter's comparison was to Russia. When was the last time Putin lost an election? I'd say we're slightly behind western Europe as far as rule of law goes, not really sure about the advanced east (Japan, Korea), and miles ahead of just about everywhere else (eastern Europe, Russia,…

If you pursue excellence, you compare yourself against the best, not the worst.

Re: The time bomb in the tax code that's fueling mass tech layoffs

#489
post #480

Earlier quoted context omitted.

The critical difference is that the business owns the truck but not the employee. The amortization assumes that the asset can be sold for value. An employee can quit at any time for any reason. You don’t retain the right to their labor for five years.

If they're producing a capital asset, you do retain the right to the fruits of their labor, even if they quit. The rationale behind amortization isn't exactly the idea that the asset can be sold, it's that the asset is producing revenue over multiple years. For software, the asset is the codebase. Let's say you hire a single software dev, for one year, and they write Excel++, which you can sell for the next ten years…

As anyone that has ever sold software IP knows, most of the value is vested in the person that wrote the code, not the code itself. The code is not a factory, it is the output of the factory.

Re: The time bomb in the tax code that's fueling mass tech layoffs

#490
post #426

Earlier quoted context omitted.

This is just wrong. It was passed in 2017 (during Trump’s presidency). It was to go into effect in 2020 (a presidential election year during Trump’s presidency). He hoped to be re-elected.

No. It went into effect in 2022 [0], which means the timeline absolutely does track with OP's theory. That gives a hypothetical Trump term 2 a full year to fix it but also imposes enough of a time crunch that they could plan on sabotaging attempts to fix it by another party. I'm not saying it's the actual story, but the timeline does track. [0] Page 60, Sec 1306(e) sets the date: https://www.congress.gov/115/bills/hr…

I don’t think it really changes the narrative. 2020 was also a congressional election year, even had Trump won (as he appeared to want desperately) he could not have been assured of a Republican congress.

My argument is simple: Occam’s Razor

The Republicans in congress put the provision in solely as a gimmick to get past the CBO.

Frankly I don’t think legislators in either party are competent enough to have foreseen the consequences and even if they had been they wouldn’t have put a bomb like this in that would be more likely than not to backfire and affect them.

I just think that too often people interpret incompetence as malice, especially nowadays when things are so polarized that it’s fashionable to hate people who differ with one’s political opinions.

Post reply on HN