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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

#401
post #69

Earlier quoted context omitted.

I find it interesting how in american corpspeak "uncertanty" pretty much always means "our lawyers can't find a way to avoid this law without getting caught" ^^

Well yeah. The prime way they avoid the law is compliance. You would also be pretty pissed off if you couldn't avoid a law fining you for something you couldn't avoid.

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

#402

Earlier quoted context omitted.

There's not much uncertainty for business really. If you're pulling the moves that Apple and other companies pull to "optimize tax", then you are with 100% certainty trying to game the system and violating the spirit of the law.

[flagged]

> The spirit of the law is a lot like hate speech in that it is not recognized as a thing by the legal system of the United States

This is about the EU which uses a completely different legal system than the US so any US legal reference is basically useless.

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

#403
post #270

Earlier quoted context omitted.

> their net profits to the Polish exchequer I believe that part of the reason is that they still pay other taxes (eg VAT) in the country of sale.

VAT is a tax paid by the consumer, not the manufacturer. If you buy an iPhone, it's you that pays the VAT on it, not Apple.

All the money Apple gets come from customers, no? All of it. Do they print their own dollars or something? Are they subsidized by governments?

Do the dollars that make up the profits, and the dollars that make up the taxes on profits, come from somewhere else than the dollars that make up the VAT?

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

#404
post #389
post #171

Earlier quoted context omitted.

The downside of state debt is the downward spiral. If you spend 1/2 your tax income on just servicing the debt, that means either fewer services for people, or borrowing yet more, just to keep things going. If you borrow more, then it gets even worse. I really prefer that 1/2 my tax bill doesn't go to interest payments.

Let's say a city builds a bridge that doubles its tax income by opening up a lot of economic opportunities. It pays for this with a 35 year bond. During these 35 years, the entire additional income that the bridge generated goes towards paying off the bond. After the 35 years the bond is paid off and the city enjoys permanently raised tax income (not to mention better economy for residents). Was there a problem that…

Yes.

I could go into a lot of reasons, but I'll keep it simple.

It is incredibly rare for governments to break that cycle. This has been demonstrated over and over. Thus, there is no end in 35 years. There is just perpetual 50% taxes to interest on debt.

This means that as it is a persistent state, not perpetually losing 50% tax revenue would make an enormous difference.

It's just not helpful.

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

#405

Earlier quoted context omitted.

There is a general prohibition on EU member states granting state aid to companies, but there are exceptions to this where the aid is justified in order to promote economically underdeveloped regions. There are a lot of rules and court cases about when state aid will fall on one side or the other of that line. See eg https://competition-policy.ec.europa.eu/state-aid/legislatio...

You Seen knowledeble on this topic. What do you think of the numerous Deutsche Bank and Lufthansa aids?

I don’t think Deutsche Bank has ever received direct state aid, they’re quite proud of that fact. Though they have benefitted indirectly when institutions that owed Deutsche Bank money received state aid.

Lufthansa did receive state aid during the pandemic. This is currently under investigation as the EU’s approval was annulled by an EU court: https://ec.europa.eu/commission/presscorner/detail/en/ip_24_...

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

#406

I don't understand why this is Apple's fine and not Ireland's?

It's not a fine. The EU is saying: "You know those taxes you didn't pay and Ireland looked the other way because it benefitted them? Ireland couldn't look the other way because they signed an agreement with 25+ other countries to not do that, so be a good sport and pay all those taxes we told you to".

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

#407
post #251

Even if this sounds like a huge fine, this is effectively meaningless, even if they end up paying it. 13 billion, for a company with market cap of more than 3 trillion is around 0.4% of their cap. Until these fines become meaningful, companies will just continue breaking the law and asking for forgiveness later, as the changes to their market cap can offset this fine in hours.

Market cap is the theoretical value of all the company’s future growth/cash flows brought forward to today. It’s speculative, and fluctuates with the stock price. Tax bills have to be paid in cash, not stock. A better analogy is to simply look at Apple’s net profits, since that’s where the money will come from. $13B is not nothing, even for Apple.

It is nothing. Apple's profits over the period mentioned were probably hundreds of billions.

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

#408

Earlier quoted context omitted.

I read through the first part of the ruling to get a better idea of what happened. Apparently, Apple wrote to the Irish tax authorities, and said "this is how we plan to calculate our taxes" and the Irish tax authority said "okay, no problem, that works for us" and the EU commission investigated some years later, and said "wait, was that method of calculating taxes available to all Irish companies? We don't think so,…

Seems like Ireland should have to pay the EU

The EU isn't going to get the taxes (certainly not the vast majority of them). They just ruled that it isn't OK for Apple to have been given this tax break via specific accounting rules. It's Ireland that gets the windfall, whether it wants it or not.

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

#409

Earlier quoted context omitted.

I read through the first part of the ruling to get a better idea of what happened. Apparently, Apple wrote to the Irish tax authorities, and said "this is how we plan to calculate our taxes" and the Irish tax authority said "okay, no problem, that works for us" and the EU commission investigated some years later, and said "wait, was that method of calculating taxes available to all Irish companies? We don't think so,…

Seems like Ireland should have to pay the EU

I kind of agree, but I'm not an EU citizen and don't have any say in EU laws, so whatever :) If I were Apple, I would be a little miffed at this situation, though. It certainly makes me question whether or not I want to ever expand into the EU. But tax laws are too damn complicated in most other countries too. so maybe just budget for government incompetence?

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

#410

Earlier quoted context omitted.

I read through the first part of the ruling to get a better idea of what happened. Apparently, Apple wrote to the Irish tax authorities, and said "this is how we plan to calculate our taxes" and the Irish tax authority said "okay, no problem, that works for us" and the EU commission investigated some years later, and said "wait, was that method of calculating taxes available to all Irish companies? We don't think so,…

Seems like Ireland should have to pay the EU

No, it's Ireland's money to collect and keep. The taxes don't go to the EU budget.
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