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Apple faces multibillion tax bill in EU ruling

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Piecake

Member
Apple will on Tuesday be hit with Europe’s largest tax penalty after Brussels ruled that the company received illegal state aid from Ireland.

The company will have to pay billions of euro in back taxes to Dublin as the European Commission moves to redraw the boundaries on aggressive tax avoidance by the world’s biggest corporations.

A 130-page judgment by the commission follows a three-year investigation into claims that two advance tax opinions issued by Dublin violated EU law by granting Apple an advantage not available to other companies.

It follows tension over the inquiry between Brussels and the US, which urged the EU authorities to drop the case. The US Treasury has accused the commission of becoming a “supranational tax authority” that threatened international agreements on tax reform in its drive to stamp out aggressive avoidance.

The ruling marks a setback for the Irish government, which has moved in recent years to unwind the most contentious elements of a corporate tax regime that has long irritated other EU member states.

http://www.ft.com/cms/s/0/7fd897de-6e03-11e6-a0c9-1365ce54b926.html#axzz4IkuTaq3l
 

Aureon

Please do not let me serve on a jury. I am actually a crazy person.
Good. The tax avoidance that goes on by multinationals is beyond shameful, and fuck Ireland \ Luxembourg for enabling them.

Also, inb4 "INNOCENT american corporations fined by evil europe!1!"
 

Xando

Member
Good.

It follows tension over the inquiry between Brussels and the US, which urged the EU authorities to drop the case. The US Treasury has accused the commission of becoming a “supranational tax authority” that threatened international agreements on tax reform in its drive to stamp out aggressive avoidance.
Not sure why the US thinks it has any say in european law.
 
I have mixed fealings on this.

On one hand I fucking hate big corporations paying almost no tax due to some offshore tax haven loophole. At least this now clarifies that a off shore tax haven will be hard to establish within the EU.

on the other hand, those stupid governments have created and already accepted those tax evasion methods by their laws and their rulings. As much as I hate the tax evasion that has been going on there should be a basic security regarding rulings the states make.
Good.


Not sure why the US thinks it has any say in european law.

I understand that Apple and other corporations will be able to deduct those taxes paid in the EU according to US tax law.
 

Piecake

Member
I have mixed fealings on this.

On one hand I fucking hate big corporations paying almost no tax due to some offshore tax haven loophole. At least this now clarifies that a off shore tax haven will be hard to establish within the EU.

on the other hand, those stupid governments have created and already accepted those tax evasion methods by their laws and their rulings.

Has Ireland been punished by the EU for allowing companies to avoid taxes?
 

Kinitari

Black Canada Mafia
Of the things I defend when it comes to big tech companies, tax dodging doesn't really make the list.

THE ONLY negative thing I could say is that it MIGHT have negative repercussions for Ireland, with it becoming less of a tech tax haven... Aside from that though, this is good I think
 

Aureon

Please do not let me serve on a jury. I am actually a crazy person.
I have mixed fealings on this.

On one hand I fucking hate big corporations paying almost no tax due to some offshore tax haven loophole. At least this now clarifies that a off shore tax haven will be hard to establish within the EU.

on the other hand, those stupid governments have created and already accepted those tax evasion methods by their laws and their rulings. As much as I hate the tax evasion that has been going on there should be a basic security regarding rulings the states make.

I understand that Apple and other corporations will be able to deduct those taxes paid in the EU according to US tax law.

The thing is, they whole shebang respected Irish law, but not EU law, and EU law supersedes Irish law.

Devastating for Apple.

Apple has some 200b of cash at hand, and they make 50b of net profit per year. They'll manage.

Has Ireland been punished by the EU for allowing companies to avoid taxes?

Kind-of - the infamous "Irish Double" is already getting phased out, as decided in 2014. It's not available for anyone new, and is expiring for most, with the last holdouts in 2020.
 
Has Ireland been punished by the EU for allowing companies to avoid taxes?

I understand that the loose tax regime is considered as a forbidden indirect subvention. therefore the beneficiary of the subvention (for example apple) has to pay the benefit they got from the forbidden subvention back to the government.
 

EmSeta

Member
I hope this means they can go after all the other companies that cheat the system in the same way. There's a lot of them.
 

Piecake

Member
I understand that the loose tax regime is considered as a forbidden indirect subvention. therefore the beneficiary of the subvention (for example apple) has to pay the benefit they got from the forbidden subvention back to the government.

While it might be a long-term punishment if these sorts of rulings result in ending Ireland's status as a tax haven, Ireland seems to be benefiting from the tax deals to get these companies to set up shop in Ireland and then benefiting again by being paid money in back-taxes when the EU calls out the shady deals

Seems kinda fucked up to me
 

sono

Member
Has Ireland been punished by the EU for allowing companies to avoid taxes?

I have to admit when I read the op that thought went through my mind. It sounds like Apple might consider they have fallen foul of what may seen as be a policy change on which they based commercial decisions, which may in fact be a defence
 

Funky Papa

FUNK-Y-PPA-4
I hope this means they can go after all the other companies that cheat the system in the same way. There's a lot of them.
They are already going after Fiat and Amazon, with more to come. I'm unsure about Google's situation, but they better ly low with everything that's coming after them at this very moment.

I have to admit when I read the op that thought went through my mind. It sounds like Apple might consider they have fallen foul of what may seen as be a policy change on which they based commercial decisions, which may in fact be a defence
The argument is that Apple and the Irish government negotiated ad hoc taxation schemes not offered to other businesses, hence being considered illegal state aid. Regardless of the outcome, they have them nailed to the wall.
 

Heartfyre

Member
Has Ireland been punished by the EU for allowing companies to avoid taxes?

Short-term, it's only a benefit, as the tax they'll be collecting from this will be treated as a windfall and used to pay off some national debt. Long-term, however, I can't imagine this sets a good precedent for attracting more foreign investment. Corporation tax remains 12.5%, however.
 

SpecX

Member
Has Ireland been punished by the EU for allowing companies to avoid taxes?

This is what I want to know. Couldn't open the actual article because I don't subscribe and correct me if I'm wrong, but why is Apple the only one being punished here? If Ireland knew they couldn't supersede EU laws, why would they grant something like this and not face punishment.
 

G.ZZZ

Member
I have to admit when I read the op that thought went through my mind. It sounds like Apple might consider they have fallen foul of what may seen as be a policy change on which they based commercial decisions, which may in fact be a defence

Problem is that EU laws supersede national laws. In this case, Ireland's law counted as "statal help" for the company, because it essentially made them pay less taxes compared to other companies. It's something that goes around often in europe, Italy and its industries for example have been sanctioned many times because of statal helps, which go against the "fair competition" principle that goes on inside of the EU.

EDIT: read about Fiat and Ilva's cases if you want to read about sanctions from the EU to industries and states which help unfairly industries with public money (usually with extremely well designed tax exemptions laws, like in the Apple's case in Ireland).
 

Putzweg

Member
People shouldnt really blame Apple. Its Irelands fault really. Its their state-aid which is illegal. The problem with this type of behaviour is that it leads to a race to the bottom therefore we need all member states to take responsibility and not fall for the temptation of attracting big companies by sacrificing their tax systems integrity. If everyone did like Ireland every member state would have 1 % corporate tax etc
 

Kuros

Member
Good.


Not sure why the US thinks it has any say in european law.

Copied from else where:

The US tax code allows US companies to defer paying tax on overseas earnings, which means, as the US corporate tax is something like 35%, that US companies take advantage and keep their overseas earnings offshore, waiting either for an amnesty (of which there have been several), or a reduction in tax rates.

The EU has seen this money swilling around accounts in Holland, the UK, Ireland, Luxembourg, Belgium etc. etc., and is trying to find someway to tax it, even though under current taxation agreements and legislation, the money is only the US's to tax. The individual EU countries see this as the commission trying to extend its competency into an area it has no right to: taxation, and any findings against individual countries to date are being appealed.
 

Piecake

Member
Problem is that EU laws supersede national laws. In this case, Ireland's law counted as "statal help" for the company, because it essentially made them pay less taxes compared to other companies. It's something that goes around often in europe, Italy and its industries for example have been sanctioned many times because of statal helps, which go against the "fair competition" principle that goes on inside of the EU.

EDIT: read about Fiat and Ilva's cases if you want to read about sanctions from the EU to industries and states which help unfairly industries with public money (usually with extremely well designed tax exemptions laws, like in the Apple's case in Ireland).

How exactly does that work when EU nations tax companies at different rates?

It seems a bit odd to me that a super-national organization would overlook differences in tax rates that would cause an unfair advantage for companies in the lower taxed nations, but come down hard on nations that give tax benefits to individual companies.
 

Aureon

Please do not let me serve on a jury. I am actually a crazy person.
While I agree Multinationals should play their rightful tax, tax avoidance = / tax evasion.

People shouldnt really blame Apple. Its Irelands fault really. Its their state-aid which is illegal. The problem with this type of behaviour is that it leads to a race to the bottom therefore we need all member states to take responsibility and not fall for the temptation of attracting big companies by sacrificing their tax systems integrity. If everyone did like Ireland every member state would have 1 % corporate tax etc

I'm not really comfortable with the whole "If it's legal it's moral" thing.
When two parties collude to gain an advantage over everyone else, both should be blamed.
 

ChryZ

Member
Excellent. Apple is profitable as fuck, they can pay fucking taxes. They all can and should, Google, Amazon, the lot, fuck them.
 

Oriel

Member
Yay, rebate in the post. I look forward to receiving some Apple monies when they're made to cough up past dues to the Irish Govt.

I'm assuming our great and glorious leadership will split the billions between all of us long suffering Irish taxpayers.
 

Danchi

Member
I can't view the Financial Times article since it's behind a paywall, but this is how Tim Cook addressed the subject in that Washington Post interview he did recently:

Let me explain what goes on with our international taxes. The money that’s in Ireland that he’s probably referring to is money that is subject to U.S. taxes. The tax law right now says we can keep that in Ireland or we can bring it back. And when we bring it back, we will pay 35 percent federal tax and then a weighted average across the states that we’re in, which is about 5 percent, so think of it as 40 percent. We’ve said at 40 percent, we’re not going to bring it back until there’s a fair rate. There’s no debate about it. Is that legal to do or not legal to do? It is legal to do. It is the current tax law. It’s not a matter of being patriotic or not patriotic. It doesn’t go that the more you pay, the more patriotic you are.

And so what we’ve said — we think it’s fine for us to pay more, because right now we’re paying nothing on that and we leave it over there. But we — like many, many other companies do — wait for the money to come back.

In the meantime, it’s important to look at what we do pay. Our marginal rate, our effective rate in the U.S. is over 30 percent. We are the largest taxpayer in the United States. And so we’re not a tax dodger. We pay our share and then some. We don’t have these big loopholes that other people talk about. The only kind of major tax credit that we get is the R&D tax credit, which is available to all companies in the United States. That’s important to know. The second thing I would point out is we have money internationally because we have two-thirds of our business there. So we earn money internationally.

[…]

And the basic controversy at the root of this is, people really aren’t arguing that Apple should pay more taxes. They’re arguing about who they should be paid to. And so there’s a tug of war going on between the countries of how you allocate profits.

There's a little more in the interview covering the potential of a tax reform in the US and the allegation that Ireland gave Apple a special deal.
 

Piecake

Member
Countries all have to get together and make these companies pay taxes on earnings made in each individual country.

I am personally a fan of simply getting rid of the corporate tax and simply increasing the income (wealthy) and capital gains tax to make up for it. Seems far more simple, and you can avoid all of this nonsense and complicated schemes to get these companies to not hunt for the best deal
 

Aureon

Please do not let me serve on a jury. I am actually a crazy person.
I am personally a fan of simply getting rid of the corporate tax and simply increasing the income (wealthy) and capital gains tax to make up for it. Seems far more simple, and you can avoid all of this nonsense and complicated schemes to get these companies to not hunt for the best deal

That way, all the tax revenue flows to the investors' country, instead of the country where the products are being sold. Even easier to avoid.
 
I hope people realize on a national level one day the amount of money companies are keeping stashed away in other countries. By now its probably 3 trillion.

To compare, the federal reserve says there is 1.5 trillion in circulation.

Greed is not good, at least anymore.
 
I can't view the Financial Times article since it's behind a paywall, but this is how Tim Cook addressed the subject in that Washington Post interview he did recently:

There's a little more in the interview covering the potential of a tax reform in the US and the allegation that Ireland gave Apple a special deal.


Must be nice. I'll try negotiating with the IRS on my next tax payment. "I think your tax rates are too high. I'll pay my tax 10 years down the line if you reduce the tax rate".
 

entremet

Member
I hope people realize on a national level one day the amount of money companies are keeping stashed away in other countries. By now its probably 3 trillion.

To compare, the federal reserve says there is 1.5 trillion in circulation.

Greed is not good, at least anymore.
Many of these companies are also set up by individuals. They're not real companies and act as tax shelters. But they really don't do anything.
 
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