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Apple must pay 13B euros in back taxes, EU's top court rules

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Re: Apple must pay 13B euros in back taxes, EU's top court rules

#211
post #73
post #49

Earlier quoted context omitted.

The target for this case is Ireland. They lost the case and now need to fix what they charged wrongly. Again, what are you arguing about?

The argument is that because Ireland needs to recover money from Apple, Apple is going to have to pay that money, hence Apple is getting punished.

Paying your taxes, even if late, is not a punishment.

Re: Apple must pay 13B euros in back taxes, EU's top court rules

#212
post #177

Earlier quoted context omitted.

Surely there is VAT on that sale that is paid to Poland?

VAT is a tax paid by the consumer, not the manufacturer. It's collected at the point of sale by the retailer and passed on by them to the local tax authority.

You are correct in essence but that is not exactly how it works.

VAT is paid on the gross margin on each transaction. It only looks like the end user is the only one to pay because for that transaction the gross margin is the whole of the price. Car makers are to a large extent assemblers of ready made parts so some, admittedly small, VAT is certainly paid at various points in the supply chain.

https://en.wikipedia.org/wiki/Value-added_tax#Comparison_wit...

Re: Apple must pay 13B euros in back taxes, EU's top court rules

#213
post #163

Earlier quoted context omitted.

"13 billions absolutely nothing for Apple" LOL no there is not a single company or person in the world for whom 13 BILLION dollars is 'absolutely nothing'.

> LOL no there is not a single company or person in the world for whom 13 BILLION dollars is 'absolutely nothing'. Apple's revenue last year alone was $383 Billion.

This means 3.39% of their worldwide revenue, and an even bigger share of their profits. It's not negligible at all, even though it's just collecting taxes late without a penalty.

Re: Apple must pay 13B euros in back taxes, EU's top court rules

#214
Another article: https://www.politico.eu/article/commission-scores-surprise-w...

Full ruling: https://curia.europa.eu/jcms/upload/docs/application/pdf/202...

Fascinating, how does that work? Can anybody explain in simpler terms how that was legal to begin with?

> Both companies were incorporated in Ireland but not tax resident in Ireland. Those tax rulings approved the methods used by ASI and AOE to determine their chargeable profits in Ireland in relation to the trading activity of their respective Irish branches.

Re: Apple must pay 13B euros in back taxes, EU's top court rules

#215
post #46

Earlier quoted context omitted.

> You can just ignore deals because you (EU) said so? Of course you can, because EU law has precedence over Ireland's deal in this situation.

I guess what comes as a shock is how much control the EU has. At the same time, if bureaucrauts in Ireland were a bit smarter they could have just written in a special exemption for companies with certain specific requirements - which end up being Apple and a few big ones. Apple was also pretty dumb to go to Ireland while Malta, Cyprus and Bulgaria offer pretty low taxes out of the box. I guess they did that to acces…

> they could have just written in a special exemption for companies with certain specific requirements - which end up being Apple

That's not how the law works. The courts look at the intent behind the law, the spirit of the law, as well as the text.

It might take longer and more argument but would eventually be struck down as well.

Re: Apple must pay 13B euros in back taxes, EU's top court rules

#216
post #208

Earlier quoted context omitted.

> It’s almost twice the entire EU defence fund budget. The EU defence spend in 2022 was €240 billion.

That’s very interesting but not what I said. https://defence-industry-space.ec.europa.eu/eu-defence-indus...

True, but IMO it's a bit misleading because you were using as a point of comparison something that sounded like the military budget of Europe without specifying that it's something completely different (that people probably never heard of — at least I didn't and neither did my grandparent). I'm not saying it's intentional or anything, just wanted to point it out.

Re: Apple must pay 13B euros in back taxes, EU's top court rules

#217
post #183

Earlier quoted context omitted.

> LOL no there is not a single company or person in the world for whom 13 BILLION dollars is 'absolutely nothing'. Apple's revenue last year alone was $383 Billion.

Isn't that more than the EU defence budget from 2022? Not gonna lie, I'm kinda a little scared now. I realise that there's less than a 1 in 1 billion chance Apple is gonna set up its own military and attack the EU, but still...

The EU doesn't have "defence budget", the EU isn't a sovereign country, the EU doesn't have any armed forces.

What EU does have is the European Defence Agency (EDA) which is a body that organises collective projects and coordination on behalf of its members.

The EDA's budget in 2023 was €44.8Bn.

Re: Apple must pay 13B euros in back taxes, EU's top court rules

#218
post #110

Earlier quoted context omitted.

€13,000,000,000 is not “absolutely nothing”. It’s almost twice the entire EU defence fund budget. And just to be clear.. this is really an example of how badly Apple were actively robbing society through their tax avoidance bullshit.

> It’s almost twice the entire EU defence fund budget. The EU defence spend in 2022 was €240 billion.

That is the amount spent by EU member states on defence; not what the EU itself spent.

Re: Apple must pay 13B euros in back taxes, EU's top court rules

#219

Seems wrong that Ireland cheated the system to attract tech companies then also gets a huge payout.

As Ireland are still saying, this €13bn (plus interest) is going to work against them. It's supposed to work against them, as a chilling effect for any company trying to work EU states against each other for preferential treatment. I'm sure Ireland will argue that they'll offer any multi-billion multinational this sort of treatment, but that's really the point. The EU doesn't want a race to the bottom and if EU-local…

While I largely agree, I don't think there is any fine involved; it is just a requirement for Ireland to collect taxes that the ECJ says Apple should have paid. Hence not a fine.

Re: Apple must pay 13B euros in back taxes, EU's top court rules

#220

Another article: https://www.politico.eu/article/commission-scores-surprise-w... Full ruling: https://curia.europa.eu/jcms/upload/docs/application/pdf/202... Fascinating, how does that work? Can anybody explain in simpler terms how that was legal to begin with? > Both companies were incorporated in Ireland but not tax resident in Ireland. Those tax rulings approved the methods used by ASI and AOE to determine their c…

Well, they had Ireland on their side.

> "Ireland granted Apple unlawful aid which Ireland is required to recover," the Court of Justice said on Tuesday.

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