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Commission says Ireland granted undue tax benefits of up to €13B to Apple

rte.ie

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Re: Commission says Ireland granted undue tax benefits of up to €13B to Apple

#51

Time for Ireland to leave the EU too, I think.

Ireland's entire strategy when it comes to attracting foreign businesses to domicile there depends on being both 1) in the EU, but 2) lower-tax than most of the rest of the EU (excluding a few micronations). They're selling a tax arbitrage within the EU common market, which doesn't work if they aren't in it! Ireland's domestic market in itself isn't large enough to really attract major international companies to set up European headquarters there.

Re: Commission says Ireland granted undue tax benefits of up to €13B to Apple

#52
post #40
post #27

Earlier quoted context omitted.

The money paid will go to Ireland. Ireland allowed Apple to structure its tax affairs in a way that reduced their tax bill which is a great incentive to maintain a presence there. The EU has now determined this was an illegal tax benefit provided by Ireland, so Ireland must now collect the tax as if it had done so at the time. There is no penalty but interest must be paid. This is not your normal run of the mill tax…

What I don't fully understand is why Apple is fined instead of Ireland. Edit: Maybe "fined" is not the correct term for this, but my understanding is that Ireland had granted Apple tax benefits which they shouldn't have granted. Isn't Ireland in the wrong here, rather than Apple?

No fine for Apple. Apple can almost look entirely innocent on this, they asked Ireland to look at how they've structured their tax affairs knowing full well what impact this would have on their tax bill. However Ireland agreed to it, even though it shouldn't have.

The EU has now stepped in and clarified that Ireland should not have allowed this in the first place.

Re: Commission says Ireland granted undue tax benefits of up to €13B to Apple

#53
post #17

Earlier quoted context omitted.

Why? 0% tax on profits would seem fair and reasonable. (There's lots of stuff that's not taxed. Eg not a lot of people complain about not taxing capital gains of home owner/occupiers.)

Because the Pub next door pays a higher effective tax

The pub next door doesn't employee ~5000 people in Ireland and pay all taxes on those wages. If you consider the overall tax income generated by Apple as a company having a physical presence in Ireland, it's much much more than the pub next door. So Ireland probably decided to sign an agreement to have a higher total tax income by making Apple settle in Ireland rather than elsewhere.

Re: Commission says Ireland granted undue tax benefits of up to €13B to Apple

#54
post #37
post #13

Earlier quoted context omitted.

Apple paid taxes according to Irish laws. Is it Apple's problem that Irish law disagrees with EC agreements? (Seems to be Ireland's problem.) If people want companies to pay certain taxes, they should vote for politicians that pass laws that require companies to pay those taxes.. In any case, we should be taxing land value. That's harder to avoid: you can't hide land.

What actually happened between IE and AAPL is on the verge of extortion and bribery - the only difference is not on personal level but on Gov vs Bus. We should heavily penalise this, as AAPL literally stole money from both US and EU people. Because of this arrangement: Apple paid less taxes in US, hence US people have worse roads, healthcare etc. To the same in EU (but here by bad IE decision). Money taken is on AAPL…

Apple did not "literally steal money" nor did they "extort or bribe" anyone. Both of those are criminal offences and people would be going to jail. Nobody who is looking at this through a reasonable, mature lense would ever resort to cheap hyperbole.

And you are completely wrong to say that this decision resulted in Apple paying less taxes in the US. They paid less taxes in Ireland not the US.

Re: Commission says Ireland granted undue tax benefits of up to €13B to Apple

#55
post #40
post #27

Earlier quoted context omitted.

The money paid will go to Ireland. Ireland allowed Apple to structure its tax affairs in a way that reduced their tax bill which is a great incentive to maintain a presence there. The EU has now determined this was an illegal tax benefit provided by Ireland, so Ireland must now collect the tax as if it had done so at the time. There is no penalty but interest must be paid. This is not your normal run of the mill tax…

What I don't fully understand is why Apple is fined instead of Ireland. Edit: Maybe "fined" is not the correct term for this, but my understanding is that Ireland had granted Apple tax benefits which they shouldn't have granted. Isn't Ireland in the wrong here, rather than Apple?

They are not fined, they are being told to pay what they owe.

Re: Commission says Ireland granted undue tax benefits of up to €13B to Apple

#56
post #33

Earlier quoted context omitted.

And how is 0% tax on profits fair and reasonable exactly?

If you tax something, you get less of it. Either because you actually really get less of it, or because you encourage clever accounting. (Just look up Hollywood accounting..) People making profit isn't something we need to discourage. How about taxing CO2 emissions and eg alcohol consumption instead? (Something we can live with less off.) And the old classic: put most of the tax burden on unimproved land value. Land'…

People working is something we don't need discouraging, not people making profit of them. I hope apple has to pay it and must important, don't have another place to run.

Re: Commission says Ireland granted undue tax benefits of up to €13B to Apple

#57
post #40
post #27

Earlier quoted context omitted.

The money paid will go to Ireland. Ireland allowed Apple to structure its tax affairs in a way that reduced their tax bill which is a great incentive to maintain a presence there. The EU has now determined this was an illegal tax benefit provided by Ireland, so Ireland must now collect the tax as if it had done so at the time. There is no penalty but interest must be paid. This is not your normal run of the mill tax…

What I don't fully understand is why Apple is fined instead of Ireland. Edit: Maybe "fined" is not the correct term for this, but my understanding is that Ireland had granted Apple tax benefits which they shouldn't have granted. Isn't Ireland in the wrong here, rather than Apple?

The article literally says that EC told IRELAND to recover the due tax from apple. Apple is not being fined - Ireland is being told to sort out their tax system - it just happens that if they do, Apple will have to pay a lot of tax.

Re: Commission says Ireland granted undue tax benefits of up to €13B to Apple

#58
post #38
post #13

Earlier quoted context omitted.

Apple paid taxes according to Irish laws. Is it Apple's problem that Irish law disagrees with EC agreements? (Seems to be Ireland's problem.) If people want companies to pay certain taxes, they should vote for politicians that pass laws that require companies to pay those taxes.. In any case, we should be taxing land value. That's harder to avoid: you can't hide land.

Is it Apple's problem that Irish law disagrees with EC agreements? Yes. To the tune of €13bn. At the scale Apple operates their legal team should be considering whether the deals they negotiate are legal in all the applicable jurisdictions, not just the local one. The Irish government should also have done a better job, so part of the blame lies with them, but that doesn't free Apple of all responsibility. In any cas…

To be fair to Apple there wasn't a clear precedent set before this.

There definitely is now though and you can be sure legal teams around the world will be advising senior leadership teams to rearrange their corporate structures accordingly.

Re: Commission says Ireland granted undue tax benefits of up to €13B to Apple

#59
post #44
post #40

Earlier quoted context omitted.

What I don't fully understand is why Apple is fined instead of Ireland. Edit: Maybe "fined" is not the correct term for this, but my understanding is that Ireland had granted Apple tax benefits which they shouldn't have granted. Isn't Ireland in the wrong here, rather than Apple?

Apple is not fined

Instead they have to pay back the billions that they supposedly should have paid.

Re: Commission says Ireland granted undue tax benefits of up to €13B to Apple

#60
post #17

Earlier quoted context omitted.

Why? 0% tax on profits would seem fair and reasonable. (There's lots of stuff that's not taxed. Eg not a lot of people complain about not taxing capital gains of home owner/occupiers.)

Because the Pub next door pays a higher effective tax

The pub next door struggles to survive while Apple don't know what to do with hundreds of exploited billions.
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