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Google's Paris HQ raided in tax probe

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Re: Google's Paris HQ raided in tax probe

#221

Earlier quoted context omitted.

And yet it's true. https://www.caoc.org/?pg=facts "McDonald’s operations manual required the franchisee to hold its coffee at 180 to 190 degrees Fahrenheit. Coffee at that temperature, if spilled, causes third-degree burns in three to seven seconds." I also highly recommend watching this movie which was a very interesting look at the erosion of consumer rights driven by a coordinate corporate PR campaign/agenda: http…

How do you know it's true? Many, many people routinely prepare coffee for themselves that is hotter than McDonald's provided. ballooney strongly suggests that he is one of those people. That would make the assertion false. I've spilled boiling water on myself occasionally. Given the freedom of movement you generally have in your kitchen that you don't have while buckled in to a car, I hope it doesn't surprise you tha…

> How do you know it's true? Many, many people routinely prepare coffee for themselves that is hotter than McDonald's provided.

Ok, I'm not exactly sure what we're really disputing here. To clarify, I was just agreeing with the sentiment of GP's claim that "every cup of coffee you've ever had in your life was at a lower temperature than what McDonald's was serving up". You're right that as a literal statement it is probably not true.

The real point is whether McDonald's coffee was being served at an unreasonably hot temperature. Based on what I saw in the movie, and read on the Consumer Attorney's of California website, and based on my experience with current/post-lawsuit McDonald's coffee temperatures (which I still find exceedingly hot), I find it entirely believable that the coffee was served at an unreasonably hot temperature.

More context:

> Mrs. Liebeck’s injuries were far from frivolous. She was wearing sweatpants that absorbed the coffee and kept it against her skin. She suffered third-degree burns (the most serious kind) and required skin grafts on her inner thighs and elsewhere.

Liebeck’s case was far from an isolated event. McDonald’s had received more than 700 previous reports of injury from its coffee, including reports of third-degree burns, and had paid settlements in some cases.

Mrs. Liebeck offered to settle the case for $20,000 to cover her medical expenses and lost income. But McDonald’s never offered more than $800, so the case went to trial. The jury found Mrs. Liebeck to be partially at fault for her injuries, reducing the compensation for her injuries accordingly. But the jury’s punitive damages award made headlines — upset by McDonald’s unwillingness to correct a policy despite hundreds of people suffering injuries, they awarded Liebeck the equivalent of two days’ worth of revenue from coffee sales for the restaurant chain.

Re: Google's Paris HQ raided in tax probe

#222
post #20

Earlier quoted context omitted.

Don't know about American law, but in French the notion exists and is called "abus de droit"; just because you can do something "in general", you can't do it with the specific purpose of circumventing another legal obligation. For example, as an Irish company, you can open a subsidiary in France to do business in France. That's a right. But if you're doing business in France essentially, you can't make the French com…

Who says they don't have activities in Ireland? A lot of Google's employees are actually based in Ireland. > Just because you can do something "in general", you can't do it with the specific purpose of circumventing another legal obligation. Most countries have laws that say you can't do something JUST for tax purposes. You can, however, structure things in a tax friendly way, if there's a commercial motive to do so.

^^^ exactly that. The rule is generally that your "principal purpose" can't be to avoid taxes (in this case). There is also the "economic substance doctrine" which actually codifies the above principle. Basically, you have to have a non-tax reason to do something -- even if the tax reasons are ridiculously great.

There are certain things where you are allowed to write into the IRS and get a Private Letter Ruling. "Business Purpose" is not one of them.

Re: Google's Paris HQ raided in tax probe

#223

Earlier quoted context omitted.

>Laws that say "forget the law, anything we think is unreasonable is illegal" are a growing problem in Europe. It makes the EU look like fools Not trying to start a flamewar here, but the common German/European perspective on the US legal system consists of corporations owning it (because of huge costs), consumers abusing it ("cat in microwave/washing machine/toaster", unreasonable compensations, class action lawsuit…

> Juries deciding whether murderers are guilty or not. Simply unthinkable over here. Well, that might be unthinkable in Germany , but its clearly not in Europe as a whole, since we got that from a place in Europe that hasn't abandoned it in the time since their system migrated to North America.

>Well, that might be unthinkable in Germany, but its clearly not in Europe as a whole, since we got that from a place in Europe that hasn't abandoned it in the time since their system migrated to North America.

The UK is clearly an outlier. They also drive on the wrong side of the road and have a strange relationship to the metric system :D

Re: Google's Paris HQ raided in tax probe

#224
post #167
post #4

"Several have been accused of using legal methods to minimise their tax bills." Since when is it illegal to follow the law? Sure, we all have different opinions on the legal gray areas and of whether certain or all laws are legitimate and to what extent - but come on, that quote is just ridiculous.

Disclosure : French law is my field of work but I only have knowledge of this case by the media (which is terrible in legal matters in France, really, worse than the US sometimes). It seems that the prosecutors are using a small clause in the French Irish tax treaty saying that the taxation rules applying to a corporation officially incorporated in Ireland are different (implying much higher than the Irish 12.5%), if…

Thanks Kell - I must ask - did Google ever approach the French Revenue Authorities and try to get a ruling ahead of time? I assume they are arguing that Google does not have a permanent establishment in France.

Re: Google's Paris HQ raided in tax probe

#225
post #135

Earlier quoted context omitted.

The peanuts picture is funny, but it's 100% the simple. logical, and safe way to do it.

I was defending it ;) I find it absolutely hilarious whenever I see it - but simple laws with "silly consequences" are better than complex laws that are difficult to follow, let alone enforce. Not to mention having to come up with and define products that would fit into the exceptions list, and investigating whether or not the product actually - blah blah blah. Bunch of overhead. Better use of tax payer money to say…

> I was defending it ;)

For sure, I was just trying to be forceful in my (same) opinion. It's a good example and good common sense.

Re: Google's Paris HQ raided in tax probe

#226
post #218

Earlier quoted context omitted.

>Laws that say "forget the law, anything we think is unreasonable is illegal" are a growing problem in Europe. It makes the EU look like fools Not trying to start a flamewar here, but the common German/European perspective on the US legal system consists of corporations owning it (because of huge costs), consumers abusing it ("cat in microwave/washing machine/toaster", unreasonable compensations, class action lawsuit…

In Germany noone can be convicted of murder (or any other grave crime) without at least one lay judge agreeing. In the case of murder trials (three professional judges, two lay judges), you need four votes, because three would be less than the required two thirds.

You cannot compare German/Austrian Schöffen to an American amateur jury. They are semi-professionals appointed for 5 years, not random people doing a random case. And as you said, they form a panel with 3 professional judges and are not left alone in a room.

Re: Google's Paris HQ raided in tax probe

#227
post #213

Earlier quoted context omitted.

Nope it descends from magna carta and UK common law

Trial by jury showed up around then for land disputes. But, it was trial by ordeal that fell off not Judges in the 1200's. Also, we are talking ~500 years after the fact so there is a lot of back and forth involved.

Also interesting that when the Magna Carta was first penned, we had an entirely different idea of who a freeman's peers were.

Re: Google's Paris HQ raided in tax probe

#228

Earlier quoted context omitted.

>Education, healthcare and law enforcement is what makes people prosperous. How do you propose to have them without taxes? >Or are you saying that French government spends enough already and thus Google should avoid paying taxes if they don't feel like it? I'm saying Google's paid all the taxes it's legally required to pay and has no moral compulsion to pay any extra. But yes, I do believe the French government spend…

>I'm saying Google's paid all the taxes it's legally required You don't know that. The court will say if this is true or not. How can you make this judgement? Do you have a law degree? Do you have experience in international tax law? Have you seen all the relevant paperwork? >But yes, I do believe the French government spends enough already This is not pertinent to the case. If you want the french government to tax l…

> What would happen if everybody disregards any law they don't agree with?

About the same thing that would happen if someone government used a "because we don't like it" clause to arbitrarily punish legal behavior. Essentially an anarchy where legality depends on the media-savvy lying to everyone else rather than the text or the intent of the law.

Get too successful and you'll be cut down to size by the jealous, and by those promising your money to them.

Pardon me if I see both of those as wrong, not only the one.

Re: Google's Paris HQ raided in tax probe

#229
post #28

Earlier quoted context omitted.

Is this actually a thing in USA? Where you need a lawyer to do your taxes? Cause I'm in the EU, and this never happens.

Some people hire a Certified Public Accountant; others use software like TurboTax. The American tax law is so complicated that doing them yourself leads to spending at least one weekend locked in your house with a calculator, filling out forms and hoping you don't get audited. Vox made a video about how companies like Intuit lobby to keep them complicated, to keep the money from TurboTax rolling in: http://player.ooy…

> The American tax law is so complicated that doing them yourself leads to spending at least one weekend locked in your house with a calculator, filling out forms and hoping you don't get audited.

This is very different for Americans with different income levels. If you earned less than $100,000 and "[y]ou had only wages, salaries, tips, taxable scholarship or fellowship grants, unemployment compensation, or Alaska Permanent Fund dividends, and your taxable interest was not over $1,500", you can use Federal form 1040EZ, which is one side of one page and asks only about 10 questions, none of which call for the tax filer to make choices.

https://www.irs.gov/pub/irs-pdf/f1040ez.pdf

With rare exceptions (mostly related to immigration or expatriation, self-employment or owning a business, or suffering calamities), complicated calculations and the risk of audit apply to itemized deductions, which is when filers declare that some of their income should not be taxes because they did something, spent money on something, or suffered a problem that the government recognizes as reducing tax liability. Examples of this include business expenses, paying some foreign or local taxes, paying interest on a home loan (probably the most common!), some medical or educational expenses, or making donations to a qualified charity.

Itemized deductions have a big role in economic decisions in the U.S. and are pretty well-known in culture, but most people don't use them at all, and usually only the most well-off people use them consistently. This is not necessarily just because the well-off people are more aware of the benefits of itemization or have more access to professional tax advice, but also because poorer people may often not be able to benefit from itemization at all, by not having spent enough money on relevant kinds of stuff.

https://www.fas.org/sgp/crs/misc/R43012.pdf

A simple summary is that only about 1/3 of all American tax filers claim itemized deductions, and higher-income people use them dramatically more often than lower-income people (mostly because they're more likely to own their own homes or incur unreimbursed business expenses, but also for various other reasons).

The risk of a personal income tax audit is primarily that the government will decide to challenge a filer's entitlement to claim particular deductions, and then demand to see evidence of their legitimacy (which might be receipts or paperwork showing that certain expenses were actually incurred and appear to be related to the purpose claimed on the tax return). For example, if you said that you gave $15,000 to charity or that you spent $10,000 on travel for your consulting business, the IRS might ask for documentation during an audit to prove that these things really happened.

While I don't mean to minimize the pain or intrusiveness of a tax audit and HN readers may be at real risk of experiencing one, I think most Americans' tax position is relatively simple for them to determine and gives no reason for an audit, because it's based only on information like W2 wage statements that other parties have already reported to the IRS!

(Though I was surprised to see that the IRS says the average paperwork burden for form 1040EZ is 5 hours, which is about 5 times as long as I would have guessed and seems to count against my account of the situation. I'm also oversimplifying because people who support a spouse or children will have to file a different, more complicated form in order to get tax benefits from that, which is true of lots of Americans who don't own a home. At the same time, they won't necessarily have to do many extra calculations or provide much extra documentation related to the people they're supporting.)

Re: Google's Paris HQ raided in tax probe

#230

Earlier quoted context omitted.

Solution: Get rid of tax law as one of the major sub-industries of the legal profession. When I no longer need a lawyer to submit my taxes, I'll start caring about corporate tax loopholes.

This isn't really about tax loopholes. It's about France being uncompetitive and unwilling to change. Google advertisers sign contracts with a company in Ireland because Ireland decided to effectively not apply corporation taxes (i.e. use a low rate and allow a variety of schemes that reduce the real rate even further). They did this fully knowingly ... the policy has been popular with voters ... because they wanted…

I don't entirely disagree with your post but I generally avoid calling these loopholes. It is all about finding the mismatch between two countries --

For example, if a little kid asks his dad if he can go to the movies, and dad replies "go ask mom, do what she says" and the kid then asks mom and mom says "whatever dad said" it doesn't mean that you are necessarily finding a loophole. Either party is essentially deferring and the benefit is caught in between. Works out well for the kid but at the end of the day, the parents probably should have had better communication and figured out what to do.

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