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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

#71
post #53

prior to brexit, the UK lost a ton of US inward direct investment to Eire … Dell, Intel, Apple etc. the factors were Eire corporation tax was low and public policy was to footdrag in the attempts to set an EU minimum tax, fantastic lobbying by Irish representatives in Washington leveraging the big Irish diaspora, big subsidies that walked to the edge of the EU rules (as seen here), and an English speaking workforce w…

"Eire" is a weird exonym. The country this happened in is called Ireland (officially and colloquially). It's a republic and shares the island (also called Ireland) with a non-sovereign country called Northern Ireland. It's often referred to as the Republic of Ireland, which is a fine description, but not the official name. In the Irish language, the name of the country is "Éire", but saying that in English is like sa…

Ireland can also refer to the whole island though, so it can be ambiguous.

We have the same problem, even worse, with people calling the EU "Europe".

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

#73
post #49

Earlier quoted context omitted.

The target of the case is wrong, it should be Ireland, not Apple. Many companies have unique (to them) tax benefits across the entire EU, some hidden under things like “electricity subsidies”. If the company pay what the country mandates, then the rest should be between the country and the EU, not the EU and the company.

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.

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

#74

Earlier quoted context omitted.

The major problem is that Ireland, Netherlands, and Luxembourg also have veto powers when it comes to EU wide regulations. Luckily they understood this was alienating the other EU members and so they conceded to a minimum of 15% taxation rate [1] [1] https://taxation-customs.ec.europa.eu/taxation/business-taxa...

Yes, they are small and weak and had to concede to the big and powerful... And "alienating" is exactly my point: Those big and powerful don't want others to set lower tax rates than they have.

No, the 25 other states don't want them to set those tax rates.

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

#75
post #21

Earlier quoted context omitted.

Which secret sweetheart deals does Luxembourg have? The secrecy and exclusivity were central to the judgement. The EU requires a level playing field for all companies, which is why individual governments striking secret tax deals not available to all companies are seen as an illegal thing. I bet if Ireland had opened the same tax deal they did to Apple, to all companies this would not even have been a matter for the…

Isn't the EU specifically set up to allow competition between states on tax grounds?

Yes.

The problem was not about the tax level, nor the inter-state competition. The problem was that it was _not_ a free and fair competition. The tax deal was not offered to all companies. Ireland secretly did this to only select companies, and it therefore crossed the threshold into [secret and illegal] state aid.

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

#76
post #30
post #3

It seems that Ireland giving aid specific to Apple and not others is the crux of the issue? Not sure how that’s illegal.

Ireland giving special benefits to a private company like Apple conflicts with the principles of a free and fair market.

Because tax incentives do not exist in the EU, like the German car industry.

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

#77
post #42

Earlier quoted context omitted.

> an EU company, if big enough, could have moved to Ireland and negotiated a similar deal. Probably not, because their home country would go after them / make Ireland liable. These kinds of schemes usually work across jurisdictions

Hmm, "move to Ireland" means "home country" becomes Ireland. Obviously. Companies can do that, and in fact they do that. Fiat merged with Peugeot and suddenly the company is headquartered in the Netherlands, not France or Italy, for similar reasons.

In that case the EU would deem the state aid that the company receives is illegal. This is actually what this ruling claims, that Apple received illegal state aid.

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

#78
post #69
post #50

I found some rather troubling aspects within the ruling itself: 1. Retroactive application of arm's length principle The Court's reliance on the arm's length principle, despite acknowledging it's not required by EU law, is problematic. As stated in paragraph 124: > "Article 107(1) TFEU gives the Commission the right to check whether the level of profit allocated to such branches... corresponds to the level of profit…

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" ^^

EU companies dodge and bend rules all the time. See: VW, AirBus, etc.

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

#79

Earlier quoted context omitted.

The UK government seems intent on getting the "worst of both worlds" out of every single issue.

The previous one seemed to. The jury is out on the current one.

AT best it will be similar. SO far the main difference seems to be a willingness to be harsher to old people and those on moderate (not minimum wage, but lowish to average) incomes.

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

#80
post #21

Earlier quoted context omitted.

Which secret sweetheart deals does Luxembourg have? The secrecy and exclusivity were central to the judgement. The EU requires a level playing field for all companies, which is why individual governments striking secret tax deals not available to all companies are seen as an illegal thing. I bet if Ireland had opened the same tax deal they did to Apple, to all companies this would not even have been a matter for the…

Isn't the EU specifically set up to allow competition between states on tax grounds?

Selling phones in Poland and paying taxes in Ireland is not competition, it's tax arbitrage.
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