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Apple Settles a $348M Fine With Italian Authorities For Tax Evasion (reuters.com)

jaromil writes: Apple Italy, a subsidiary of Apple Sales International based in Ireland, has for years managed the company's sales on the Italian Peninsula. As Italian tax authorities noticed the company did not file any income tax declarations between 2008 and 2013, they opened a court case for an estimated debt of €880M. Apple Italy has now settled for a fine of €318M ($348M), while three managers involved in the tax fraud still need to face court. "The settlement comes amid a European Commission investigation into the tax arrangements of numerous multinational companies accused of using cross-border structures to reduce their tax bills, sometimes with the help of secret and potentially illegal 'sweetheart' deals."

87 comments

  1. But Tim Cook said!! by Anonymous Coward · · Score: 1

    Tim Cook said Apple has never cheated on taxes anywhere, ever!!!! How could he say such a thing?

    1. Re:But Tim Cook said!! by jellomizer · · Score: 1

      In organizations they are usually a few bad apples especially when they get the size of Apple.
      Now for those managers who are to blame. The issue is what pressures caused them to do this. Was it part of Apple culture that made them think that this was the right thing to do... Or was it just something that they did by themselves hoping they wouldn't get caught figuring that they will just happily look good with the profit numbers.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    2. Re:But Tim Cook said!! by Anonymous Coward · · Score: 0

      In organizations they are usually a few bad apples especially when they get the size of Apple.

      Oh no, no no. Tim Cook is the CEO. He IS responsible. That's why he gets paid the obscene bucks.

    3. Re:But Tim Cook said!! by Anonymous Coward · · Score: 2, Insightful

      In organizations they are usually a few bad apples especially when they get the size of Apple.

      Oh no, no no. Tim Cook is the CEO. He IS responsible. That's why he gets paid the obscene bucks.

      Amazing isn't it? CEO's claim they deserve the big bucks because they are responsible for how the company is run and the buck stops with them but as soon as the shit hits the ran "its nothing to do with me gov" somebody else was responsible.

    4. Re:But Tim Cook said!! by macs4all · · Score: 1

      Amazing isn't it? CEO's claim they deserve the big bucks because they are responsible for how the company is run and the buck stops with them but as soon as the shit hits the ran "its nothing to do with me gov" somebody else was responsible.

      I'm sorry, but my copy of the article must not have had the quote where Tim Cook denied personal knowledge of this. And the general quote regarding taxes on the 60 Minutes interview wasn't a denial of personal knowledge.

      Oh, and did you notice that TFS mentioned that Apple was one of "numerous multinational companies" involved in the Italian probe. Doesn't make it right; but this article would never grace these pages if Apple wasn't one of the "numerous" companies, amirite?

    5. Re:But Tim Cook said!! by Anonymous Coward · · Score: 0

      It's not 'tax cheating', it's 'tax avoidance'. Two completely different things... mainly by the fact that the former is illegal while the latter is not.

    6. Re:But Tim Cook said!! by Anonymous Coward · · Score: 0

      Cook would have declined to give a comment, and then that journalist would be blacklisted by Apple.

      Therefore that quote does not exist.

    7. Re:But Tim Cook said!! by Anonymous Coward · · Score: 0

      No, for some reason news about a cheese company evading tax would not make it onto a technology site?

      Don't you understand why?

    8. Re: But Tim Cook said!! by Anonymous Coward · · Score: 0

      Apple owed almost 900 million and only had to pay 350 million. Looks like a sound financial decision to me.

    9. Re: But Tim Cook said!! by Anonymous Coward · · Score: 0

      That's often how laws affecting corporations work - the penalty for breaking the law is usually much smaller than the penalty for complying with it.

    10. Re:But Tim Cook said!! by Plumpaquatsch · · Score: 1

      No, for some reason news about a cheese company evading tax would not make it onto a technology site?

      Don't you understand why?

      Well, I wouldn't call Google a cheese company, but Slashdot sure as hell didn't report on their Italian tax problems ( https://beta.finance.yahoo.com... / http://www.telecompaper.com/ne...). Funny how the numbers quoted are almost the same as in this case.

      --
      Of course news about a fake are Fake News.
  2. That was Italy by vikingpower · · Score: 1

    Now for the rest of the EU. And for Facebook, Google et al.

    --
    Religous speak to God. Insane are spoken to by God. When all shut up, one can finally hear Shostakovich in peace
    1. Re:That was Italy by Anonymous Coward · · Score: 1

      Now for the rest of the EU. And for Facebook, Google et al.

      For the rest of the world. They all use these despicable avoidance schemes everywhere they operate. They've had their fun, stolen form the publics' pocket the planet wide. Now is the time to close these loopholes created for oligarchs to protect their wealth while making the the 99.999% of the planet pick up the tab.

  3. I hate these weasel arguments by Anonymous Coward · · Score: 2, Insightful

    The company's chief executive, Tim Cook, has rejected accusations that the firm has been sidestepping US taxes by stashing cash overseas, insisting: "We pay every tax dollar we owe."

    Of course they do.

    They lobby for preferential tax treatment for local and federal taxes. They use the law they and other powerful entities lobbied for to reduce or eliminate their tax bill. Then they can honestly say that they pay what they owe because they rigged the system so that they don't owe.

    The Golden Rule: He who has the gold makes the rules - Robert Kiyosaki

    We peons get holding the bag.

  4. Can we get some of that over here by rsilvergun · · Score: 3, Insightful

    in America? Corps benefit handsomely from our infrastructure, school systems and workforce subsidies. I'd like to see them paying for some of those benefits, and so far Federally levied taxes are the only thing that works. The States & Cities just drop their pants and give 'em free money because their fighting amongst themselves (or their bought off, it's dirt cheap to buy off State Legislatures here).

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    1. Re:Can we get some of that over here by Anonymous Coward · · Score: 0

      We're not going see that in the UK, we're busy selling our infrastructure to tax-dodging corporations.

    2. Re:Can we get some of that over here by Anonymous Coward · · Score: 0

      Corporations pay taxes on fuel, property, business income, payroll, etc. which are how those things you mentioned get funded.

      If a city or state chooses to 'drop their pants' and give them tax abatements, that really is their prerogative.

    3. Re:Can we get some of that over here by thegarbz · · Score: 2

      I'd like to see them paying for some of those benefits

      No you can't because mega corps aren't evading taxes in America, they are just following laws as written.

      This is a problem you can't blame corporations for and it can only be solved on the level of your own government, who I agree are too busy fellating CEOs in exchange for "jobs" which never materialise.

    4. Re:Can we get some of that over here by Anonymous Coward · · Score: 1

      Corporations pay taxes on fuel, property, business income, payroll, etc. which are how those things you mentioned get funded.

      No, not really. Corps get huge tax rebates on most of their purchases (which are deductible for them, unlike us commoner dregs). They also often get sweetheart deals on state and local property taxes, which means they effectively pay $0 in property taxes (again, unlike us commoner scum). They skirt any "business income" taxes by hiding any profits in capital gains, reinvestment (in themselves), and offshore--effectively showing that they technically generate almost no or very little "income." And payroll taxes are passed onto their employees.

    5. Re:Can we get some of that over here by Ichijo · · Score: 1

      Corps benefit handsomely from our infrastructure, school systems and workforce subsidies. I'd like to see them paying for some of those benefits...

      So, more road tolls then? Can you think of a more equitable way to pay for freeways than by usage?

      Even better, express tolls permanently eliminate traffic congestion and with it any need to widen the road to eliminate traffic congestion. That would save taxpayers a lot of money going forward.

      --
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    6. Re:Can we get some of that over here by Gavagai80 · · Score: 2

      We're talking about a tax on profits. Taxing profits logically cannot drive a business to bankruptcy (especially Apple -- the notion of Apple going bankrupt from having to share a percentage of its huge profits is absurd). It simply means the stockholders get a smaller dividend for their lack of work. If the company wishes to reinvest the profits in development or acquisitions then it doesn't end up being profit anyway and they needn't be taxed.

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      This space intentionally left blank
    7. Re:Can we get some of that over here by DNS-and-BIND · · Score: 0

      See, you have a mistaken idea. The idea that, once governments get all this money from somewhere, that things will be fixed and demand will be satisfied. This, in fact, never happens.

      Perversely, the existence of more money simply creates more demand for more money. Feed the beast, and it just grows bigger. Economics, the dismal science.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    8. Re:Can we get some of that over here by MachineShedFred · · Score: 0

      There you go, being logical.

      That will never play with the rabid anti-corporation crowd around here. Don't you know that every corporation, no matter how big or small, is a freeloading parasite on the side of the economy they create and maintain?

      --
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    9. Re:Can we get some of that over here by Citizen+of+Earth · · Score: 0

      Cook has a fiduciary responsibility to shareholders to maximize profits. If he were to repatriate $200B and pay an outrageous 40% tax on it, he would be sued into the stone age for needlessly squandering $80B. None of this capital will come into America until it gets its corporate taxes under control. Until then, the rest of the world thanks you. Enjoy missing out!

    10. Re:Can we get some of that over here by tlhIngan · · Score: 1

      Cook has a fiduciary responsibility to shareholders to maximize profits. If he were to repatriate $200B and pay an outrageous 40% tax on it, he would be sued into the stone age for needlessly squandering $80B. None of this capital will come into America until it gets its corporate taxes under control. Until then, the rest of the world thanks you. Enjoy missing out!

      First, let's split it up into Apple US, and Apple Rest-of-World.

      Apple US pays all the taxes. If you buy an iPhone in the US, it's sold by Apple US and the profit Apple makes on that is taxed and goes to Uncle Sam. The rest of that money is spent on the engineers and other people at Apple.

      If you buy an iPhone in say, Europe, then Apple Rest-of-World (RoW) records that profit. In this case, it would be Ireland and a little bit to the European country to which it was sold. (Apple Ireland sells Apple Italy iPhones for near retail price - Apple Italy makes a profit and from 2008-2013, someone at Apple Italy forgot to file their taxes). So most of the profit is made at Apple Ireland. Apple Ireland pays Irish taxes per their (very favorable) tax arrangement which was probably arranged decades ago since Apple has had a presence there for a long time.

      The problem is, US tax codes mean that the money Apple has outside of the US, to which Apple RoW has paid their taxes to, is going to be taxed again. It's only the US that has the funny tax law that means profit can be taxed twice.

      Since Apple is getting popular outside the US now, they're having an ever-growing pile of money located outside of the US.

      And the silliness of it is - it's cheaper to borrow money in the US than to repatriate it. Apple would be taxed at 40% to bring the money home, yet Apple could borrow the same amount of cash and pay only 5% or less.

    11. Re:Can we get some of that over here by Plumpaquatsch · · Score: 1

      in America? Corps benefit handsomely from our infrastructure, school systems and workforce subsidies. I'd like to see them paying for some of those benefits, and so far Federally levied taxes are the only thing that works.

      Isn't it odd that Apple pays billions of dollars in US taxes each year and gets blasted for using too little of American workforce subsidies, wile a company that makes billions in revenue taxing (pun intended) the US infrastructure heavily only pays a few million in taxes (if it doesn't post losses again).

      In case you haven't noticed, I'm talking about Amazon.

      --
      Of course news about a fake are Fake News.
  5. apple is mostly smoke and mirrors by sittingnut · · Score: 3, Interesting

    that apple cheats on taxes is not surprising, current apple is built on deception.
    it charges for products well in excess of their costs( all costs, including design and development) and gets away with it due to marketing hype, and idiocy of the consumers, and failure of the media to check and reveal facts

    1. Re:apple is mostly smoke and mirrors by Impy+the+Impiuos+Imp · · Score: 0

      What deception? They have a popular product and charge what the market will bear.

      You can get a cheaper Android. You can get an older model for much cheaper. You know, like 2 years older.

      Like so many (this includes medicine) you want new stuff, constantly produced, and cheap. It doesn't work that way.

      --
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    2. Re:apple is mostly smoke and mirrors by tomxor · · Score: 1

      I hate to defend Apple, I think your mostly correct - but i find it hard to match some of their MBPs with PCs at the same price at the moment, (you can match it) but then often you have to choose between poorer build quality and a worse display or a much lower spec with better build quality, i don't even care about getting the fastest thing, but if it's the same price and you get the best of both I might as well have an MBP, maybe the pricing is a little different in the UK though. I don't think this was as true a few years ago but i guess scale has caught up and now they can both make disgusting profits and be competitive in some aspects. (of course this is excluding all of their absurdly priced "extras", just get the base hardware and run away from their sales people)

      The only other reason i might be inclined to buy a mac is because it's almost impossible to not give money to either Microsoft or Apple when buying a new laptop (sorry not a sys76 fan), I'd rather give to nether, but given a choice i'd rather give to Apple just to help Microsoft burn a little more... and then wait for the next underdog to destroy Apple :)

    3. Re:apple is mostly smoke and mirrors by Anonymous Coward · · Score: 3, Interesting

      What deception? They have a popular product and charge what the market will bear.

      You can get a cheaper Android. You can get an older model for much cheaper. You know, like 2 years older.

      Like so many (this includes medicine) you want new stuff, constantly produced, and cheap. It doesn't work that way.

      From a product standpoint you are exactly right.

      From a tax standpoint, they're no different then every other mega-corp in America who hires attorneys to work around loopholes, knowing damn well the penalties are a fraction of the honest cost.

      That's not the fault of Apple. That's the fault of governments allowing that bullshit to happen, and then slapping them on the fucking wrist when they get caught. And YES, this IS a slap on the fucking wrist when the penalty is less than half the original estimated tax burden, regardless of we're talking about hundreds of millions.

    4. Re:apple is mostly smoke and mirrors by moosehooey · · Score: 1

      And how much bonus do you give to the Mac for not having to deal with Windows 10?

    5. Re:apple is mostly smoke and mirrors by wbr1 · · Score: 1

      I use boot camp you insensitive clod.

      --
      Silence is a state of mime.
    6. Re:apple is mostly smoke and mirrors by macs4all · · Score: 1

      that apple cheats on taxes is not surprising, current apple is built on deception. it charges for products well in excess of their costs( all costs, including design and development) and gets away with it due to marketing hype, and idiocy of the consumers, and failure of the media to check and reveal facts

      Interesting, Really?

      More like Offtopic and Troll.

      Get with it, mods. Damn!

    7. Re:apple is mostly smoke and mirrors by macs4all · · Score: 1

      And how much bonus do you give to the Mac for not having to deal with Windows 10?

      On Slashdot? None at all. Haven't you noticed?

    8. Re:apple is mostly smoke and mirrors by MachineShedFred · · Score: 1

      So charging a price that hundreds of millions of people think is fair (thus, their repeated purchases) is somehow deception now.

      What's your solution to that? Some kind of government mandated gross margin law where someone can only charge x% more than the total cost of good sold? Because I'm sure that wouldn't completely collapse any companies or entire sectors of industry at all.

      --
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    9. Re:apple is mostly smoke and mirrors by tomxor · · Score: 1

      I use FreeBSD on metal you insensitive clod

    10. Re:apple is mostly smoke and mirrors by tomxor · · Score: 1

      Doesn't really factor into it, i'd use linux or FreeBSD on either, preferably the later but that depends on the specific hardware... Windows isn't really an option for me if i want to keep my sanity. Although OS X is less bad but still a bit bloaty.

  6. Anyone can pay more taxes if they'd like by rmdingler · · Score: 1, Insightful
    From a strictly bottom line perspective, for profit corporations have an obligation to avoid unnecessary expenses.

    Governments have an insatiable need for tax money, and yet they write the legislation filled with loopholes that the corporations exploit.

    Level playing fields are important, but if you leave a legal way to avoid taxation in the code, most folks are going to take advantage of the exemption.

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

    1. Re:Anyone can pay more taxes if they'd like by Anonymous Coward · · Score: 0

      Governments have an insatiable need for tax money, and yet they write the legislation filled with loopholes that the corporations exploit.

      You are, of course, wrong.

      It's not "Governments" doing any writing.

      It's people. People who listen to the corporate mouthpieces and give them what they want.

    2. Re:Anyone can pay more taxes if they'd like by Anonymous Coward · · Score: 0

      A lot of legislation today is written by ALEC (American Legislative Exchange Council). Corporate America's pet law writers.

    3. Re:Anyone can pay more taxes if they'd like by Anonymous Coward · · Score: 2, Insightful

      No it isn't, it's the massively wealthy that put people into power the world over. Your vote doesn't matter when those that are presented to you represent the same people behind the curtain.

      The loopholes were created by these elites. They didn't happen as a accident, or bad policy, they were orchestrated to allow this precise situation, and will continue to do so, regardless of public outrage. The corporation isn't exploiting them, their owners created them! This is why ex-politicians sit on so many boards after they've served the public. None of them get executive powers, just a non-exec post offering a few £$00k/yr per position across a number of corps, quangos and agencies.

    4. Re:Anyone can pay more taxes if they'd like by rmdingler · · Score: 0

      You sound Millenial.

      Like a Falcon?

      Try formulating a sentence instead of stringing clauses together until you pause for breath.

      Oh, a tired Falcon...Maybe, I just made the Kessel Run.

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    5. Re:Anyone can pay more taxes if they'd like by Anonymous Coward · · Score: 0

      From a strictly bottom line perspective, for profit corporations have an obligation to avoid unnecessary expenses.

      Which explains why for profit corporations never engage in campaign contributions or other donations to government officials. Oh, right, they do. Well, then, from a strictly bottom line perspective, they must perceive that such actions will avoid unnecessary expenses. Oh, gosh, that sounds like BRIBERY which is illegal. I guess we can then, by extension, charge every corporation head which engages in campaign contributions with bribery. Because, you know, that's exactly what your logic argues.

      PS - For the argument that corporations have a right to speech and its simple speech of the people not the company, it's obvious that the speech is being done on behalf of the company or the person would be fired (because, as you say, it would otherwise go against corporate interests of profit) and the whole point of the company contributing and not individuals is that individuals wouldn't be so willing to independently collaborate (free rider problem) hence the real purpose of pretending corporations are people is to create a vessel to try to legalize bribery instead of allowing individuals to voice their opinion. And this obviously doesn't even get into the point that money isn't speech for if it were then fraud, bribery, etc would all be quite legal; yet we as a people have long ago recognized that the ability to use lies or corruption in connection with money is a self-feeding cycle that is destructive to people and cannot be allowed. Funny how on the books corporations should be in jail and yet we so heavily focus on things like pornography instead as a corrupting influence on society when obscenity as a basis to censor porn is an almost impossible hurdle to cross yet the clear bribery by companies is obvious.

    6. Re:Anyone can pay more taxes if they'd like by Anonymous Coward · · Score: 0

      Why'd you do that? Stop being mean to the Kessel!

    7. Re:Anyone can pay more taxes if they'd like by MachineShedFred · · Score: 1

      So instead of refuting what he said, you're going to make some idiot remark about his 'Slashdot ID' while posting from anonymous coward, and then make some idiot remark about him 'sounding Millenial' whatever that means.

      You do know that writing off an entire generation of people as incapable of worthwhile ideas is pretty stupid, right?

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
  7. Vote with your feet (and money) by Anonymous Coward · · Score: 0

    Apple doesn't pay taxes -- BAD Apple!! Oh wait... the new iPhone/Pod/Pad whatever is out and I'm going to stand in line to get one like a good little lemming.

  8. walking distracted sky rockets? by Anonymous Coward · · Score: 0

    like pets? definitely the flying ones are plenty dangerous enough? cease fire stand down, we're all even now...

  9. Mystifying by fnj · · Score: 1

    All right, if these low-life motherfucking thugs swindled Italy out of €880M in taxes, why is Italy settling for a payment of only €318M? They obviously owe €880M, plus interest and penalties, plus criminal fines and imprisonment.

    1. Re:Mystifying by Hognoxious · · Score: 1

      318M is 880M.

      After Big Luigi's cut.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    2. Re:Mystifying by Anonymous Coward · · Score: 0

      This is a settlement. Italy accepted it because going full-war against Apple, I don't think Italy would have a chance at seeing 5 Lira in payments. Apple accepted it because going full-war against Italy is time consuming and uses some of their lawyer assets for the duration making it more difficult to sue other companies over nothing.

      There's plenty of room to gripe about how expensive Apple's products are with regard to their quality, but they have the legal and economic defenses of a company with ten times their income. (partially because they aren't putting as much of their revenue in product development)

    3. Re:Mystifying by Anonymous Coward · · Score: 1

      This is easily answered, Italian government needs money fast, so they could wait for the case to go to it's length (and courts in Italy are SLOOOOW), and perhaps get all the owed money (or nothing, because courts here are so slow that many cases get prescribed before a judgment can be reached), but getting some quick and dirty money is better for them.

    4. Re:Mystifying by Anonymous Coward · · Score: 0

      No one will do time, the rich never do. The banker that stole life savings and pensions, before crippling a fair amount of the planet, didn't even get prosecuted. They got bonuses!

      Italy are taking the money now as it's right there on the table. If they want the rest, it will take many years, more costs, and the oligarchs will ensure the case gets dropped once they've lined up their own people to replace those in power now. It also sets a precedent. Hopefully the other countries will start to tighten the screw on all these massive companies basically stealing from tax payers (if they're not paying their share, we have to make up the rest).

    5. Re:Mystifying by Anonymous Coward · · Score: 0

      BTW, tax agencies do happen to overestimate owed money, so it's quite probable for a court to decide that less than what is requested was owed.

    6. Re:Mystifying by Anonymous Coward · · Score: 0

      This is easily answered, Italian government needs money fast

      Not really, you're confusing it with Greece. The debt markets are currently very favorable for Italy. Italian treasury bonds' yields are close to zero (i.e., Italy doesn't need to pay any interest on its newly-issued debt):
      http://www.investing.com/rates...

      The most likely explanation for the apparent "discount" is that maybe the early estimate of 880M was excessive, and a court might have ruled for a far lower sum. Or, in alternative, maybe Mr. Renzi is very friendly with Apple, for reasons that the Italian people might want to know...

  10. $$$MORE MONEY FOR CRONIES$$$$ by Anonymous Coward · · Score: 0

    We all know where that money is going.

  11. "potentially illegal 'sweetheart' deals" by MrL0G1C · · Score: 1

    sometimes with the help of secret and potentially illegal 'sweetheart' deals.

    Like those done by the EU president Jean-Claude Juncker.

    https://en.wikipedia.org/wiki/...

    And people still want to stay in the EU who is also currently ignoring 3,000,000+ petition signatures and pushing TTIP, FML.

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    1. Re:"potentially illegal 'sweetheart' deals" by maligor · · Score: 1

      sometimes with the help of secret and potentially illegal 'sweetheart' deals.

      Like those done by the EU president Jean-Claude Juncker.

      https://en.wikipedia.org/wiki/...

      And people still want to stay in the EU who is also currently ignoring 3,000,000+ petition signatures and pushing TTIP, FML.

      So you actually think we wouldn't have ACTA if the EU didn't exist? Assuming the same treaty got to the same point, but in a world where the EU didn't exist, do you think a few Eastern European countries would've stopped it from coming into force?

      I'd say it's quite the opposite, the Parliament actually seems to respond to public outcry, and it has the power to nullify trade treaties of it's member states. The laws certainly should be explicitly changed to force transparency on any trade agreement negotiations, but I think only the EU Parliament has the will and power to actually do that. The US certainly has the power, but seems way too apathetic.

      I have to imagine you're British. The EU is full of issues but it seems better than the alternative, and yes, it's bound to cause issues like the Junker cases, just look at the US.

    2. Re:"potentially illegal 'sweetheart' deals" by MrL0G1C · · Score: 1

      The EU parliament responds to public outcry because MEPs have to get voted in, but it's not the MEPs strongly pushing TTIP etc, it's the commission, they aren't elected or democratic or accountable.

      I honestly don't see what good the EU is doing these days, but I can certainly seem the massive harm it's about to do.

      The commission want to harmonise standards with TTIP, the problem is they want to degrade the standards that protect our health and the environment, something they've clearly shown they have no concern about.

      --
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    3. Re:"potentially illegal 'sweetheart' deals" by Anonymous Coward · · Score: 0

      > I'd say it's quite the opposite, the Parliament actually seems to respond to public outcry

      It's not the parliament. It's the commission. And very much especially Juncker and his gang. They're the traitors, paid (handsomely) for defending our interests and paid (more handsomely, I suppose) for selling those very interests to someone else.

      Scum.

      No, I'm not British. And I'm very much a fan of Europe, born in Spain, livng in Germany and speaking Spanish, German, French and English. That's why I'm so outraged.

  12. Will the TPP Change this? by Anonymous Coward · · Score: 0

    Honest question: Will the TPP simply reverse this procedure, where the companies will sue to govern the government, and not the other way around?

  13. So sadly true by Anonymous Coward · · Score: 0

    Especially the Juncker part.

    Look, I am an European at heart, and feel like crying when I watch those dirty folks (Juncker especially, but Schultz et al) destroying Europe.

    No wonder all those horrible Europhobe political parties are having a big time now. Thanks, Juncker!

    This is the guy who called Varoufakis a "traitor". Who is the traitor, setting up a tax haven in the middle of Europe, at our very cost?

    If we want to get rid of Front National, Orban and KackzyÅski, we first have to get rid of Juncker and his ilk.

  14. Negotiate your fines? What? by Last_Available_Usern · · Score: 1

    ...they opened a court case for an estimated debt of €880M. Apple Italy has now settled for a fine of €318M ($348M)

    Since when do criminals get to negotiate their own fines? Especially at a rate which is lower than the estimated damages.

  15. It's all a mafia shakedown!!!! by Anonymous Coward · · Score: 0

    Apple is innocent!

  16. I don't care by thinkwaitfast · · Score: 1

    where are the tech stories? And no, I do not own any apple products.

  17. while 3 managers involved in the tax fraud get fxd by Anonymous Coward · · Score: 0

    So the way I interpret this is that Apple will hang your ass out to dry when the time comes to pay the piper.

    I mean really, Apple is an IRISH company? GTFOH for f's sake. Or maybe I should shout 'shenanigans!" instead?

    http://www.nytimes.com/2012/04/29/business/apples-tax-strategy-aims-at-low-tax-states-and-nations.html?_r=0

    The bright side is, with the brain dead, the body will stop flopping around soon enough, in my opinion.

  18. So let's see.. profit of almost 550 million by Maxo-Texas · · Score: 1

    Why not do it again?

    This was a sweetheart deal for Apple.

    The managers were probably well compensated for their risk too.

    Italy should have collected the back taxes owned plus penalties.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    1. Re: So let's see.. profit of almost 550 million by Anonymous Coward · · Score: 0

      Paying the amount owed plus a fine is only the way it works for the little people.

  19. Tim Cook's a lier too by Anonymous Coward · · Score: 1

    Tim Cook just did a fluff piece on 60 Minutes where he proclaimed Apple never does tax evasion. OK, so I guess chalk up another lie for another CEO who obviously is only concerned about the bottom line and stock holders. ^0 Minutes did themselves no credit by doing such a worthless infomercial piece as what they did with Apple. Truly a step in the gray area of investigative journalism.

    1. Re:Tim Cook's a lier too by Citizen+of+Earth · · Score: 0

      It's probably true that Apple doesn't evade taxes. It does avoid them, however, which is not only legal, but he has a legal obligation to shareholders to avoid unnecessary expenses. The summary contains the humourous line "accused of using cross-border structures to reduce their tax bills". Wow, corporations have been accused of *not* breaking the law! I'll bet you're doing something right now that *doesn't* break the law. Report to prison immediately!

  20. Re:Negotiate your fines? What? by Anonymous Coward · · Score: 1

    It is not a fine. It is a settlement. That is, according to Apple they do not owe any taxes, Italy thinks Apple owes â880M, they agreed on â318.
    It seems they both think this is about the best deal they would get if they let it go to court.

    You don't like this ? Blame the lawmakers. The laws are apparently so complex and convoluted that calculating taxes owed is not straightforward making this kind of abhorrent situations possible.

  21. Profit of over 500 million euros == do it again by dwheeler · · Score: 1

    Italy believes Apple was supposed to pay €880m in tax between 2008 and 2013, and Apple only had to pay €318m instead. If this report is accurate, Apple's tax evasion appears to have been handsomely rewarded. Perhaps Italy's estimate of taxes owed turned out to be wrong. Maybe. However, I suspect the tax authorities simply decided it was easier for them personally to just settle. The problem is that this creates a terrible precedent... and also robs their citizens of the services those taxes were supposed to fund. I'm no fan of big taxes, but each country gets to decide what taxes and services are appropriate. Other companies have now been told that it would be foolish to pay their taxes. If countries want to prevent tax evasion, they need to actually acquire all the back taxes owed, along with stiff penalties to discourage recurrence.

    --
    - David A. Wheeler (see my Secure Programming HOWTO)
    1. Re:Profit of over 500 million euros == do it again by fulldecent · · Score: 1

      Corporate profits are imaginary. You can imagine they are located anywhere. It makes sense to imagine they are located in low-tax locations.

      This contrasts to wages and dividend payments, which are directly attributed to where the recipient works and lives, respectively.

      --

      -- I was raised on the command line, bitch

  22. Looks like Italy finally found a tax-payer by Anonymous Coward · · Score: 0

    The trick was: Apple is constrained by US laws restricting companies from engaging in bribery overseas. Since they couldn't bribe the tax officials: this was the least evil outcome?

    Foreigners paying taxes to carry the dead weight all the free riders is a tradition in Italy.
    (Sort of like the Islamic State's "jizyah" for non-muslims. :P )

    1. Re:Looks like Italy finally found a tax-payer by Anonymous Coward · · Score: 0

      Foreigners paying taxes to carry the dead weight all the free riders is a tradition in Italy

      Just like your mother's tradition to give birth to obese, mentally handycapped cretins, and then prostituting herself to feed them.

    2. Re:Looks like Italy finally found a tax-payer by Anonymous Coward · · Score: 0

      Lol, did I touch a nerve? Does that mean I can use my VISA?

      What's that? Cash only? Hmmm... Seems legit!

    3. Re:Looks like Italy finally found a tax-payer by Anonymous Coward · · Score: 0

      Does that mean I can use my VISA?

      For what? Paying for beer? Maybe dieting advice services for obese wreckages? Nope.

      Firstly, Italy is too expensive for you, only wealthy and decent-looking tourists are allowed there. Secondly, magnetic-only credit cards are not accepted anymore in first world countries, cards with chip are mandatory instead. That's why your toy-VISA with technology from the '80s would definitely be refused in any Italian business.

  23. Multilateral Netting by Anonymous Coward · · Score: 0

    It's a simple concept that multinational corporations use to minimize their tax burden. Is it illegal? No. Is is unethical? That depends. Let me explain:

    Big Company has a factory in Country A, which has a corporate tax rate of 10%. It costs the company 10 currency to create 1 product here.
    Big Company has a wholesaler in Country B, which has a corporate tax rate of 50%. Big Company sells 1 product for 50 currency here.

    When Big Company does it's accounting, it has to declare it's profits in Country A and Country B. Obviously, it decides that it wants the majority of the profit declared in country A. How to do this?

    Big Company creates product for 10 currency and sells it to it's wholesaler (which it owns) for 49 currency, so the profit in Country A is 39 currency taxed at 10%, or 3.9 in taxes. It then goes to Country B and sells the product to the consumer for 50 currency, making a profit of 1, taxed at 50% or 0.5 in taxes. The total taxes paid is 4.4 currency.

    Is this unethical? It would seem to depend on if you are a citizen of Country A or Country B.

    1. Re:Multilateral Netting by Anonymous Coward · · Score: 0

      Pssh, that's old hat. The modern coolness is for Big Company to tell Country A that it's a Country B corporation and all of it's profits take place in Country B and it has no profits to tax in Country A while telling Country B that it's a Country A corporation and that all of it's profits take place in Country A and it has no profits to tax in Country B, and hoping that Italy never asks America what "Apple America" is telling America that "Apple Italy" makes.

  24. Re:Negotiate your fines? What? by rahvin112 · · Score: 1

    I'm sure Italy's tax bureau works much like the IRS. When the IRS thinks you have cheated on your taxes or you haven't filed returns, what they do is take your income and multiply it by the tax rate. No deductions are included and all penalties and interest are calculated on this amount. But if you begin negotiations to pay the bill with the IRS they will often let you file actual returns that included deductions. These deductions significantly reduce owed taxes. In addition on large negotiated settlements like this they will often waive the penalties and normalize the interest to the actual taxes owed.

    Given those constraints it wouldn't be unusual for the 318 million euro's to be the actual taxes and interest that is owed. Penalties are there to force compliance, tax agencies rarely collect them when someone negotiates. And outside a court case where the plaintiff refuses to cooperate the tax agencies rarely take more than they are actually owed. Keep in mind interest rates since 2008 have been near zero so interest on the debt will be very small.

  25. Corporate taxes = stupid by magarity · · Score: 0

    Once again illustrating the stupidity of corporate income taxes. All taxes should be levied at the level of consumption by the end consumer. Not their income, not their employer's income, etc, etc.

    1. Re:Corporate taxes = stupid by Anonymous Coward · · Score: 0

      All taxes should be levied at the level of consumption by the end consumer.

      So the banks can create multi-quadrillion dollar financial instruments and not pay a penny for it when the government gives them my tax money yet again so they can pay multimillion dollar bonuses to the people who thought this was a good idea?

    2. Re:Corporate taxes = stupid by Qzukk · · Score: 1

      When I break your law and buy things for my own consumption using fake reseller papers to avoid paying your tax, does that illustrate the stupidity of your tax plan?

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  26. $$$$ Flood Gates In Euro Zone Open Wide by Anonymous Coward · · Score: 0

    Italy was the Proof of Concept, given that Italy is the home of the parents of Alphonse Capone who ruled Chicago in the 1920s.

    Cook's Irish Hoy-Filoy laundry now on display!

    Ha ha