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European Commission To Issue Apple An Irish Tax Bill of $1.1 Billion, Says Report (reuters.com)

An anonymous reader quotes a report from Reuters: The European Commission will rule against Ireland's tax dealings with Apple on Tuesday, two source familiar with the decision told Reuters, one of whom said Dublin would be told to recoup over 1 billion euros in back taxes. The European Commission accused Ireland in 2014 of dodging international tax rules by letting Apple shelter profits worth tens of billions of dollars from tax collectors in return for maintaining jobs. Apple and Ireland rejected the accusation; both have said they will appeal any adverse ruling. The source said the Commission will recommend a figure in back taxes that it expects to be collected, but it will be up to Irish authorities to calculate exactly what is owed. A bill in excess of 1 billion euros ($1.12 billion) would be far more than the 30 million euros each the European Commission previously ordered Dutch authorities to recover from U.S. coffee chain Starbucks and Luxembourg from Fiat Chrysler for their tax deals. When it opened the Apple investigation in 2014, the Commission told the Irish government that tax rulings it agreed in 1991 and 2007 with the iPhone maker amounted to state aid and might have broken EU laws. The Commission said the rulings were "reverse engineered" to ensure that Apple had a minimal Irish bill and that minutes of meetings between Apple representatives and Irish tax officials showed the company's tax treatment had been "motivated by employment considerations."

212 comments

  1. For what, the last 20 years? by NotInHere · · Score: 0, Flamebait

    Apple has shittons of money, and this number is too lax.

    1. Re:For what, the last 20 years? by Anonymous Coward · · Score: 0

      Its not about how much money "the corpse of steve job's ideas" (aka apple) has. Its about how much they dodged.

      Its also about what would happen to you, the private citizen if you pulled this shit. HUGE penalties on top of what was owed and decades in jail in most countries....

    2. Re:For what, the last 20 years? by Anonymous Coward · · Score: 0

      You cannot send a corporation to jail, hence most threats against the entity have very small teeth.

    3. Re:For what, the last 20 years? by BLKMGK · · Score: 0, Troll

      Apple has done well and earned tons, lets take it!

      --
      Build it, Drive it, Improve it! Hybridz.org
    4. Re:For what, the last 20 years? by Anonymous Coward · · Score: 1

      actually you can send the CEO and other members of the board to jail.

    5. Re:For what, the last 20 years? by Anonymous Coward · · Score: 0

      You can send any member of the corporation if you can prove they acted in a way they knew to be illegal

    6. Re:For what, the last 20 years? by Anonymous Coward · · Score: 0

      f**k you. Seriously.

      They also took advantage of the government's investment into infrastructure namely, roads, court systems, etc.. They should be required to pay their fair share of taxes just like everyone else.

    7. Re:For what, the last 20 years? by Anonymous Coward · · Score: 0

      actually you can send the CEO and other members of the board to jail.

      And how often does that actually happen? In the last decade, for example?

    8. Re:For what, the last 20 years? by DivineKnight · · Score: 2

      "They also took advantage of the government's investment into infrastructure namely, roads, court systems, etc.. They should be required to pay their fair share of taxes just like everyone else."

      A finish line which has been seen to move...

    9. Re:For what, the last 20 years? by TroII · · Score: 1

      They earned much of that profit in the United States, and it should be taxed as such, yes. I don't get to send my salary off to a bank account in Ireland and magically render it untaxable. Why should Apple (and Google and Facebook and...) be able to do that?

    10. Re:For what, the last 20 years? by Streetlight · · Score: 1

      Ask Bernie Madoff.

      --
      In a time of universal deceit, telling the truth is a revolutionary act. George Orwell
    11. Re:For what, the last 20 years? by Anonymous Coward · · Score: 0

      I don't get to send my salary off to a bank account in Ireland and magically render it untaxable.

      Neither does Apple. However like Apple, if you earned two salaries, one domestic and one foreign, your foreign earnings are un-taxable.

    12. Re:For what, the last 20 years? by Anonymous Coward · · Score: 2, Insightful

      Not if they are rich and powerful enough. If Hillary hasn't showed you that, then you're an imbecile.

    13. Re:For what, the last 20 years? by wierd_w · · Score: 2

      That latter statement is untrue in the US. You must pay taxes both to the foreign government, and to the US government.

      Note the verbiage, and qualifications required to get ANY KIND of exclusion, and the specificity of that exclusion, as defined in US tax code below.

      https://www.irs.gov/individual...

      Apple's behavior here is very much a double standard compared to the average citizen.

    14. Re:For what, the last 20 years? by PhunkySchtuff · · Score: 3, Insightful

      Yes, but if by some magic process of having my brother, who is a foreign resident, send me an invoice for "services rendered" or "brand licensing", and I paid this invoice and claimed back all of the the tax I'd otherwise need to pay on the expense, when all my brother is doing is holding the cash on my behalf in a low-tax jurisdiction, then we'd have a situation akin to what's going on with Apple, Google et. al.

    15. Re:For what, the last 20 years? by plopez · · Score: 1

      And how many got away with it? Piercing the corporate view is very hard. Only the very stupid get caught. Most of the management are really good at being weasels.

      --
      putting the 'B' in LGBTQ+
    16. Re:For what, the last 20 years? by plopez · · Score: 1

      piercing the corporate view is very hard. You have to try very hard esp. since RICO was struck down (thanks Scalia!).

      --
      putting the 'B' in LGBTQ+
    17. Re:For what, the last 20 years? by plopez · · Score: 1

      And there lies the fallacy of trying to act as if corporations are people. They cannot be imprisioned and they can theoretically live forever. They CAN be put to death but I have never heard of it happening.

      --
      putting the 'B' in LGBTQ+
    18. Re:For what, the last 20 years? by Anonymous Coward · · Score: 0

      That latter statement is untrue in the US. You must pay taxes both to the foreign government, and to the US government.

      Note the verbiage, and qualifications required to get ANY KIND of exclusion, and the specificity of that exclusion, as defined in US tax code below.

      https://www.irs.gov/individual...

      Apple's behavior here is very much a double standard compared to the average citizen.

      Below $100,000k your foreign earnings are tax-exempt.

    19. Re:For what, the last 20 years? by Anonymous Coward · · Score: 0

      That's what many companies do, but it's not what Apple does. Apple makes (and documents) huge revenues in the US by selling large numbers of devices in the US.

      In 2015 they sold $90bn worth of devices in the US, they made $19bn in profit on that, and paid $6.9bn of taxes on that profit (a rate of 36%).
      In the rest of the world, they sold $140bn worth of devices, they made $30bn in profit on that, and they paid tax in other countries around the world on it.

      I can understand getting upset about Starbucks claiming that they make no money in the US by paying an ungodly licensing fee to some company in Ireland, where all the tax is "paid", but that really isn't what Apple is doing. They're simply accounting sales of devices in the US in the US, and sales of devices in Europe in Europe. I'm not sure where the problem lies in terms of the US being owed taxes. Europe seem to think that Apple hasn't paid enough taxes on European sales, but that's got nothing at all to do with Apple owing the US any tax at all.

    20. Re:For what, the last 20 years? by Anonymous Coward · · Score: 0

      you fucking idiot

    21. Re:For what, the last 20 years? by wierd_w · · Score: 1

      Does apple make more than 100k a year by sheltering in ireland? Yes, yes they do.

    22. Re:For what, the last 20 years? by ScentCone · · Score: 1

      I have never heard of it happening

      Just google. You know google, right? Immediate results include operations like Arthur Anderson ... formerly one of the biggest corporations of its kind in the world. Now essentially dead after the corporation was found criminally guilty in the Enron mess.

      --
      Don't disappoint your bird dog. Go to the range.
    23. Re:For what, the last 20 years? by BitterOak · · Score: 4, Interesting

      Its also about what would happen to you, the private citizen if you pulled this shit. HUGE penalties on top of what was owed and decades in jail in most countries....

      Really? Private citizens would get in trouble if their government gave them tax breaks? Ireland and Apple entered into a voluntary agreement whereby Apple would keep jobs in Ireland in exchange for more favorable tax treatment. If this violates EU regulations, then it is the Irish government, not Apple, that is in the wrong, and it is the Irish government which should pay the back taxes.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    24. Re:For what, the last 20 years? by PopeRatzo · · Score: 1

      Just google. You know google, right? Immediate results include operations like Arthur Anderson

      Can you give us some other examples? When you say, "operations like Arthur Anderson", I assume there were others.

      http://scholarship.law.upenn.e...

      --
      You are welcome on my lawn.
    25. Re:For what, the last 20 years? by Dog-Cow · · Score: 2

      Below $100,000k your foreign earnings are tax-exempt.

      That statement is false. I live in a country with a tax treaty with the US. As an ex-pat, I am required to file taxes with the IRS each year. Because of the treaty, taxes I pay on foreign income are deducted from taxes owed to the IRS. That does not mean my income is tax-exempt. It means I have a deduction.

      (It happens to be that I pay more to my current government than I would have owed the IRS, so I don't pay any US taxes. That's still just a deduction, not an exemption.)

    26. Re:For what, the last 20 years? by Anonymous Coward · · Score: 0

      I'm sure Tim Cook has pretty powerful friends, but I think Hillary's still got him beat.

    27. Re:For what, the last 20 years? by davester666 · · Score: 1

      A ridiculously small number. Wall Street has wised up to this, you just spread the paperwork and signatures all around, and then it's everybody goes to jail or nobody...

      --
      Sleep your way to a whiter smile...date a dentist!
    28. Re:For what, the last 20 years? by mwvdlee · · Score: 2

      Problem is that making deals with a government is not illegal.
      These companies, no matter how evil, acted according to how the lawmakers told them would not be illegal.
      The government may be acting illegally, but who's going to sue them?

      --
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    29. Re:For what, the last 20 years? by Anonymous Coward · · Score: 0

      This, by the way, is unique to the US as far as I am aware. No other country requires citizens living and working abroad to pay taxes in their country of citizenship. For many Americans who have permanently moved to another country, this is a primary motivator for giving up their US citizenship. However, the US government has made this increasingly difficult in recent times.

    30. Re:For what, the last 20 years? by Anonymous Coward · · Score: 0

      Yes, closer to the finish line all other companies have to use.

    31. Re:For what, the last 20 years? by guises · · Score: 2

      This is faulty logic. When your accountant makes a mistake with your taxes it does not make your accountant liable for paying the difference. This is always true: when someone else who is acting on your behalf makes a mistake it never absolves you of legal responsibility. It's Apple's responsibility to check with all applicable laws and make sure things are on the up-and-up, regardless of what Ireland may have offered them.

    32. Re:For what, the last 20 years? by jabuzz · · Score: 1

      Except Apple are registering all the EU sales in Ireland making vast profits on that but only paying taxes on the profits for devices sold in Ireland. This works because Ireland is a small country in the EU.

      The rest of the EU is upset about that and has decided that is illegal state aid and back taxes are owed, and I suspect Ireland will then be fined the amount of the back taxes so they don't get to profit from it.

      It's not just Apple, other firms do the same, so Microsoft, Dell, and Google to name a few are likely to face large tax bills in the future once this has played out for doing exactly the same.

    33. Re:For what, the last 20 years? by Anonymous Coward · · Score: 0

      You can do the same - and rich people do it all the time. You may not be able to shift your salary from country to country, but you can create one-man companies in several countries. You work for these companies, they hire you out to work for your normal clients. Clients no longer pay you, they pay your offshore company who can indeed shift the money around to wherever the taxes are low.

      You may have to read up on tax laws for several countries - or afford a lawyer who can do that for you. But the opportunity is certainly there for you too. Usually, you need some volume for this to be profitable - it takes time, filing paperwork in many countries. And you may need legal advice from time to time, and accountants who knows the system in a particular country. But if your business is growing, you may quickly get to where this pays off.

    34. Re:For what, the last 20 years? by AmiMoJo · · Score: 1

      The back-taxes usually on go back to the point at which they were warned they were not paying enough tax. Once warned there is no excuse for not paying or at least setting money aside while resolving the dispute.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    35. Re:For what, the last 20 years? by tehcyder · · Score: 1

      piercing the corporate view is very hard. You have to try very hard esp. since RICO was struck down (thanks Scalia!).

      It's corporate veil.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    36. Re:For what, the last 20 years? by Anonymous Coward · · Score: 0

      That's still just a deduction

      Which is an exemption.

    37. Re:For what, the last 20 years? by Anonymous Coward · · Score: 0

      It is effectively an exemption.

    38. Re:For what, the last 20 years? by Carewolf · · Score: 1

      Apple has shittons of money, and this number is too lax.

      Apparently the latest number in other articles is €13 billion, see BBC.

    39. Re:For what, the last 20 years? by opus_magnum · · Score: 1

      The government may be acting illegally, but who's going to sue them?

      The EC could fine their country.

    40. Re:For what, the last 20 years? by JackieBrown · · Score: 1

      RICO hasn't been struck down. In fact, there is a case listed in the Wikipedia involving RICo from just last year.

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

    41. Re:For what, the last 20 years? by Anonymous Coward · · Score: 0

      This is faulty logic. When your accountant makes a mistake with your taxes it does not make your accountant liable for paying the difference. This is always true: when someone else who is acting on your behalf makes a mistake it never absolves you of legal responsibility. It's Apple's responsibility to check with all applicable laws and make sure things are on the up-and-up, regardless of what Ireland may have offered them.

      I think this situation is a little more nuanced than an analogy about accountants can cover, since Ireland is the one responsible for making the tax laws. It's really kind of strange in that Ireland is also the one benefiting (they are getting the taxes from Apple if the ruling stands) and they are the ones (IMHO) who carry most of the blame.

    42. Re:For what, the last 20 years? by Anonymous Coward · · Score: 0

      Your analogy is faulty. An accountant is answerable to the state that sets the tax, but the applicable laws were Ireland's own. If the state broke its own laws, this does not give a third party the right to change the terms of Apple's contract retroactively.

    43. Re:For what, the last 20 years? by Anonymous Coward · · Score: 0

      Yes - again - I can understand why the Europeans are upset about this, but there seem to be a bunch of Americans jumping on the bandwagon, claiming that Apple is shipping US profits overseas. That's factually incorrect.

    44. Re:For what, the last 20 years? by GNious · · Score: 1

      It is specifically the EC finding that Ireland broke international agreements.
      In case of Irish non-compliance, EC could fine them, but I think it would be more appropriate to remove them from the Common Market, with all that that entails.

    45. Re:For what, the last 20 years? by guises · · Score: 1

      Ireland is one of the parties who makes applicable tax laws. Another is the EU. Another is the US. That's the point.

    46. Re:For what, the last 20 years? by JustSomeProgrammer · · Score: 1

      Let's say Nebraska decides that corporations that host in their borders do not have to pay any local, state, or federal taxes. If a corporation took that deal and stopped paying federal taxes, I think the I.R.S. would still be upset with them. Ireland being part of the E.U. has agreed to a bunch of treaties about how corporate taxes can be accommodated. This investigation is based on that. If Ireland was not party to any treaties about this then you would be accurate that there is nothing anyone else can say.

    47. Re:For what, the last 20 years? by Anonymous+Cow+Ward · · Score: 1

      That really depends on whether the laws this arrangement allegedly broke applied to Apple, Ireland, or both. If Ireland agreed to certain terms when joining the EU, but this deal with Apple violated those, then it's certainly at least partly Ireland's fault.

      --
      Examine even your most deeply held beliefs. Nobody is always right.
    48. Re:For what, the last 20 years? by Kabukiwookie · · Score: 1

      Ireland and Apple entered into a voluntary agreement

      And apparently an agreement that Ireland, being part of the EU was not allowed to make.

      --
      The mountains of madness have many little plateaus of sanity - Terry Pratchett.
    49. Re:For what, the last 20 years? by PhunkySchtuff · · Score: 1

      According to Wired - http://www.wired.com/2016/08/a...
      Apple are buying iPhones, made in China, by an Irish subsidiary and then selling them from their Irish subsidiary to US distributors, so the profits on the sale of the iPhones is booked through Ireland - although Wired don't explicitly say that it's US distributors, it could be their EU disties instead...

    50. Re:For what, the last 20 years? by Coren22 · · Score: 1

      Piercing the corporate view is very hard.

      Is that when you poke their eyes with a pin? Perhaps you mean "veil"?

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    51. Re:For what, the last 20 years? by Coren22 · · Score: 1

      Drop federal from your analogy and it might be close. Would it be the fed's job to tell Nebraska that they had to charge more state tax? That hasn't happened in Delaware yet.

      Ireland is within their power to charge whatever tax rate they want, the EU is telling them that they aren't allowed to have taxes set as low as they are. Nebraska has no authority to rule on federal taxes, so it just doesn't match.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    52. Re: For what, the last 20 years? by Anonymous Coward · · Score: 0

      Hillary just did a fund-raising event at Tim Cook's house, so...

    53. Re:For what, the last 20 years? by BitterOak · · Score: 1

      This is faulty logic. When your accountant makes a mistake with your taxes it does not make your accountant liable for paying the difference. This is always true: when someone else who is acting on your behalf makes a mistake it never absolves you of legal responsibility.

      Ireland was not acting on Apple's behalf. Ireland was the taxation authority, not the E.U.

      It's Apple's responsibility to check with all applicable laws and make sure things are on the up-and-up, regardless of what Ireland may have offered them.

      The laws in question were Irish tax laws, and Apple was abiding by them. If Ireland's laws violated some E.U. meta-laws, that should be Ireland's problem, not Apple's.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
  2. And Ireland can't leave the EU... by dfsmith · · Score: 2

    ... because they don't have a catchy portmanteau.

    1. Re:And Ireland can't leave the EU... by Anonymous Coward · · Score: 0

      Irex.

      Or maybe iRex?

    2. Re:And Ireland can't leave the EU... by bobthesungeek76036 · · Score: 2

      Irexit?

      --
      Karma: Bad
    3. Re:And Ireland can't leave the EU... by Anonymous Coward · · Score: 3, Funny

      It's obvious..
      iExit

    4. Re:And Ireland can't leave the EU... by Kohath · · Score: 5, Funny

      Ireleave. Bye-rland.

    5. Re:And Ireland can't leave the EU... by flyingfsck · · Score: 1

      No, that is what Apple is going to do.

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    6. Re:And Ireland can't leave the EU... by Anonymous Coward · · Score: 0

      Exitland?

    7. Re:And Ireland can't leave the EU... by AmiMoJo · · Score: 1

      Actually this is a great example of why Brexit won't deliver what was promised. Once outside the EU the UK could try to make itself into an Ireland style tax haven, which seems to be the plan to attract inward "investment". If we do that and give ourselves an advantage over EU member states, they will simply slap more tariffs on. We won't be allowed to access their markets freely if we don't follow their rules, simple as that.

      Worse still, a lot of financial institutions will move away from London. London is the biggest tax dodging centre in the world at the moment, but once outside the EU and with the EU bringing in a simplified, universal corporation tax system for the whole area it just won't make sense to do business there. The more it tries to make itself attractive with new ways to dodge tax, the less access it will get to the EU and EU corporation tax will be due anyway.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    8. Re:And Ireland can't leave the EU... by Anonymous Coward · · Score: 0

      Moreover, they don't want to, because they have a better understanding of how important it is to their economy than the majority of UK voters.

    9. Re:And Ireland can't leave the EU... by TheRaven64 · · Score: 1

      iRex went out of business quite a while ago, as a result of not realising that power management was an important feature for an eBook reader. Probably not something Ireland wants to emulate.

      --
      I am TheRaven on Soylent News
    10. Re:And Ireland can't leave the EU... by cs96and · · Score: 1

      ... because they don't have a catchy portmanteau.

      Eirexit

    11. Re:And Ireland can't leave the EU... by Anonymous Coward · · Score: 0

      Ireleave

    12. Re:And Ireland can't leave the EU... by Anonymous Coward · · Score: 0

      Erin go bye

  3. Yay for sovereignty! by guruevi · · Score: 1, Insightful

    So the EU can just come down and tell it's member countries who they are and aren't allowed to give tax breaks to. This would be an interesting ruling though as ANY tax breaks would become illegal in the EU and thus there would be no viable way for companies to keep their business in the richer EU countries.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
    1. Re:Yay for sovereignty! by youngone · · Score: 5, Informative
      We have the same thing where I live.

      Whenever a Hollywood studio wants to make a movie, they tell our government how much the taxpayers need to shell out to keep the jobs here. The last big deal cost us at least $75 million.

      The threats are always that jobs will go overseas, but no thought about whether they are jobs worth keeping.

    2. Re:Yay for sovereignty! by Anonymous Coward · · Score: 0

      The EU's revenue model built around shaking down successful US companies. No European company stepped up to compete with MS, Apple, or Google so instead they use their excessive regulations and tax laws to pad their coffer. And has anyone ever asked what the EU actually does with the billions of dollars they collect? Keeping on mind that all the EU member states have their own regulations and tax laws that can super cede any EU mandates. The EU better hope the US government doesn't step in and start throwing up trade road blocks if US companies start getting screwed. The EU was supposed to help create a financial and military alliance amongst the member states and they have really did neither. The especially failed in creating a united military alliance and just continued to make the US pay for their collective security. Instead all they have done is created a myriad of foolish regulations on every product and service traded in the EU bloc. Leave it to the Europeans to not only live with their national governments but have added another whole level of government that is even less accountable to their citizens than their own governments.

    3. Re: Yay for sovereignty! by Anonymous Coward · · Score: 0

      Fuck the EU. They're letting in every scumbag from Africa and the Middle East yet they're punishing productive hardworking people. They deserve the demographic destruction heading their way.

    4. Re:Yay for sovereignty! by cfalcon · · Score: 1

      > So the EU can just come down and tell it's member countries who they are and aren't allowed to give tax breaks to.

      I mean, that's how I read it too. But honestly, no one made Apple move their corporation to a state that is overseen by the EU, a minimally accountable, very powerful transeuropean trade organization. I'm sure they had to know there was a risk.

    5. Re:Yay for sovereignty! by jbssm · · Score: 5, Informative

      So the EU can just come down and tell it's member countries who they are and aren't allowed to give tax breaks to

      Yes, and that's one of the fundamental necessities for a free trade zone.

      It's quite easy, Ireland can make as many tax breaks as they want for Apple as long as they are out of EU. If they want to be in EU and trade in the EU open market, then they must be subject to some basic rules.

      Also, Apple has to pay these taxes, because they had profit and they failed to pay their respective taxes for more than 1 decade. They aren't going bankrupt by paying taxes over their profits like you are saying.

    6. Re:Yay for sovereignty! by Anonymous Coward · · Score: 0, Informative

      Hey, same here in Canada. Hollywood studios are always jewing down different countries, playing one off the other, until they actually get paid to make their movies. They shouldn't receive any tax breaks because the jobs are not permanent and/or sustainable and the companies have no loyalty to the country. They will pack up and leave if they think some other place can do it for 5 cents cheaper. The jobs they "create" are not viable outside of some reality-distorting made up tax-free zone that sucks money away from real job creation infrastructures.

    7. Re: Yay for sovereignty! by cfalcon · · Score: 1

      No one made Apple go to a place under the purview of the EU. If this was some shakedown where they tried to put restrictions on a US company- they willingly put Apple Operations International in Ireland. They willingly put Apple Sales International in Ireland. They did both of these for tax reasons. If you are a US company that doesn't want to get billed by the EU, don't go where the EU can just do whatever the fuck it wants at any time.

    8. Re: Yay for sovereignty! by Anonymous Coward · · Score: 0

      No one made Apple go to a place under the purview of the EU.

      Apple didn't go to the EU. Apple went to Ireland before the EU existed.

    9. Re:Yay for sovereignty! by bangular · · Score: 1

      There is a very good episode of NPR's Planet Money that talks about Kansas City taxes. Basically, businesses hop back and forth to whomever gives them the lowest taxes. It's a race to the bottom. The only winning move is not to play. Episode here

    10. Re: Yay for sovereignty! by Anonymous Coward · · Score: 0

      You're a moron. Ireland held a referendum in 1972 to be admitted to the EU. It passed w/ about 83% approval. Apple was founded on April 1, 1976 and I'm sure they didn't offshore their profits to Ireland back in 1976...

    11. Re: Yay for sovereignty! by Henriok · · Score: 1

      Ireland became an EEC member in 1973, before Apple existed.

      --

      - Henrik

      - when the Shadows descend -
    12. Re: Yay for sovereignty! by Anonymous Coward · · Score: 0

      WRONG

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

      Upon its entry into force on 1 November 1993 during the Delors Commission,[3] it created the European Union

    13. Re: Yay for sovereignty! by Anonymous Coward · · Score: 0

      Found the resident klan member! Oh, those dastardly Jewish people!

    14. Re: Yay for sovereignty! by Anonymous Coward · · Score: 0

      Ireland became an EEC member in 1973, before Apple existed.

      The organization known as the EU didn't start until 1993.

    15. Re: Yay for sovereignty! by flyingfsck · · Score: 1

      That was just a name change.

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    16. Re: Yay for sovereignty! by Anonymous Coward · · Score: 0

      you are retarded

    17. Re:Yay for sovereignty! by SuperKendall · · Score: 1

      Yes, it certainly is "winning" to get nothing at all rather than a small percentage of some large number...

      Now if it's costing you something, then sure that's a bad deal. But Apple is not costing governments anything the way film crews do who use loads more public services, shut down locations and streets, etc.

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
    18. Re:Yay for sovereignty! by Anonymous Coward · · Score: 0

      So the EU can just come down and tell it's member countries who they are and aren't allowed to give tax breaks to.

      This will be the crux of any appeal. Many countries (even in the EU) give tax breaks to their preferred industries to preserve "something" (whether that is jobs, or way of living (farmers), or ...). The Irish chose to give a tax break to preserve (reasonably high paying) jobs in their country. It should be an interesting case, for it will define whether the EC can dictate EU wide tax policies. There is potential disaster no matter what the outcome (unless the decision is extremely narrowly written to not set a precedent).

    19. Re: Yay for sovereignty! by Anonymous Coward · · Score: 0

      The EU will require the money be paid to Ireland, so how is this about padding EU coffers? Even at $1.1 billion, this fine is a drop in the ocean in comparison to EU-wide GDP.

      The EU is not about creating a military alliance. There are moves to create a joint force, but that's by no means comparable to something like NATO.

      Go home. You're drunk.

    20. Re:Yay for sovereignty! by Anonymous Coward · · Score: 0

      The EU's revenue model built around shaking down successful US companies.

      Then why isn't the EU doing that? Are you perhaps confusing the EU with the US, which regularly fines foreign companies billions in show trials or forced settlements for phony or grossly exaggerated charges, usually paired with a smear campaign to aid American competitors?

      No European company stepped up to compete with MS, Apple, or Google so instead they use their excessive regulations and tax laws to pad their coffer.

      Plenty of European companies did, but market forces and abuse of the market position made the companies you mentioned rather dominant and hard to compete with, even though their products and services are not that great.

      so instead they use their excessive regulations and tax laws to pad their coffer

      That never actually happened. The companies you mentioned broke the law a few times and had to pay fines for those breaches. Fines levied by the European Commission get subtracted from member state contributions.

      And has anyone ever asked what the EU actually does with the billions of dollars they collect?

      You don't need to, it's all on the web.

      Keeping on mind that all the EU member states have their own regulations and tax laws that can super cede any EU mandates.

      Member state laws cannot violate EU law.

      The EU better hope the US government doesn't step in and start throwing up trade road blocks if US companies start getting screwed.

      They do that all the time. The US is one of the most protectionist among developed nations. Only China comes close.

      The EU was supposed to help create a financial and military alliance amongst the member states and they have really did neither.

      The EU was never supposed to create a military alliance, although it is involved indirectly in some of the projects to integrate militaries of EU nations. As for the 'financial alliance' - there are few regions in the world as tightly integrated economically as the EU. There is, effectively, a single common market, with most of the member states even using the same currency.

      The especially failed in creating a united military alliance and just continued to make the US pay for their collective security

      They did not fail - it was simply not a purpose the founders of the EU envisioned. The US does indeed provide a great deal of the collective security of the countries in Europe. However, the price is paid by Europeans, not by the US. As a result of the dependance on the US, the EU and especially its member states, have to align to US interests in international politics (e.g. follow US embargoes) and have far less leverage in trade negotiations with the US, resulting in unfavourable trade deals. Ultimately, Europeans are paying far more for their dependence on the US than having an appropriately sized military would. However, military expenditures are not popular with voters in Europe. It's very similar to why the US has infrastructure similar to a third-world country and an abysmal education system: money is spent on what gets votes, not on what is important in the long run.

      Instead all they have done is created a myriad of foolish regulations on every product and service traded in the EU bloc.

      There is nothing EU-specific about having many regulations and most regulations are actually remarkably common sense, although I would agree that having somewhat fewer regulations would certainly be better. Compared to the crazy laws and jurisprudence in the US, the favouritism in China and the corruption in Russia, I would say that the Europeans have done this a lot better than their major trade partners.

    21. Re:Yay for sovereignty! by iris-n · · Score: 1

      I don't think this is a good analogy. Hollywood can make its movies wherever it wants, and then sell worldwide.

      Apple cannot (does not want to, will not) abandon the EU market.

      --
      entropy happens
    22. Re: Yay for sovereignty! by Anonymous Coward · · Score: 0

      By that reasoning, Apple Inc. didn't start until 2007.

    23. Re:Yay for sovereignty! by jandersen · · Score: 1

      So the EU can just come down and tell it's member countries who they are and aren't allowed to give tax breaks to. This would be an interesting ruling though as ANY tax breaks would become illegal in the EU and thus there would be no viable way for companies to keep their business in the richer EU countries.

      Ireland joined the EU, voluntarily, because saw it as advantageous. In joining, you agree to follow the rules that govern membership; breaking the rules amounts to breach of contract, essentially. I can't imagine that anybody would be happy, if they made an agreement with somebody, fulfilled their part of it, and then found out that the other party didn't do their bit. So yes, of course the EU can tell the member states that they cannot enjoy the benefits, unless they also fulfill their obligations.

    24. Re:Yay for sovereignty! by Anonymous Coward · · Score: 0

      It's the other way around.
      The revenue model of successful American companies is based on avoiding to pay taxes in Europe...

    25. Re:Yay for sovereignty! by Anonymous Coward · · Score: 0

      Yes. just like Co. Kilkerry is told by the Irish parliament who they are and aren't allowed to give tax breaks to. Because that county is in Ireland.

      And Apple, being a worldwide multinational belongs in every country. So the world gets to tell Ireland what they can do with Apple, because the only organisation that holds Apple as its member within its borders is the planet earth.

    26. Re:Yay for sovereignty! by Anonymous Coward · · Score: 0

      One of the goals was to build a European only military alliance that would take the place of NATO. But that would cost to much money so they decided to continue letting the US subsidize their defense. And the EU rules and regulations dwarf the number US regulations. Especially when it comes to regulating the work force. The EU is already in the process of collapsing. England just left early to beat the crowd. The EU immigration regulations are also leading to discontent by the countries most effected by the influx of refuges. The costs associated with the influx of immigrants and refugees is putting strain on their existing social spending programs. The eastern Europe members of the EU are worried about their security concerns about Russia. They believe they cannot rely on the western European countries for help which makes them reliant on US support. Support that is not popular in the US at the moment.

    27. Re: Yay for sovereignty! by Anonymous Coward · · Score: 0

      You are a fucking idiot, read something besides wikipedia and get some god damn historical context. The origins of the Eu are older than the existence of Apple, and a name change doesn't mask that to anyone intelligent.

    28. Re:Yay for sovereignty! by kaatochacha · · Score: 1

      If it makes you feel better, Hollywood does that everywhere, even in California. I cannot tell you how many times i've read the "Hollywood sending JOBS away from California, increase the tax breaks!!!" headlines.

    29. Re: Yay for sovereignty! by Anonymous Coward · · Score: 0

      And yet it's the truth. You'd probably also whine if he said "gyped" SJW for the winz!

  4. Rich vs richer by sjbe · · Score: 4, Insightful

    This would be an interesting ruling though as ANY tax breaks would become illegal in the EU and thus there would be no viable way for companies to keep their business in the richer EU countries.

    Umm, what? If they are paying taxes it's because they are profitable. Tax avoidance like Apple is doing is the difference between profits and more profits. You don't get taxed when you are losing money. Companies that are profitable now in "richer EU countries" would remain so, just to a lesser degree. Anyway the EU is a monetary union and there are rules relating to the flow of money within a monetary union. Just like the US being a part of the EU means that countries have given away some sovereignty in exchange for economic benefits. That's not necessarily a bad thing.

    1. Re:Rich vs richer by Solandri · · Score: 1

      This is a big problem with the EU. It tries to be a monetary union, even to the point of using the same currency among member nations. But it leaves fiscal policy within a country up to that country. This EU / Irish business tax dichotomy is a consequence, but a relatively minor one. The whole fiasco with Greece was a bigger consequence (a member country setting government policies which would normally devalue its currency, but because the currency is shared it does not devalue as much as it should, essentially allowing that one country to "steal" from the other members).

      Fiscal policy needs to be tied to a currency. If the EU wants to have one currency, it needs to have one fiscal (including tax) policy. If it wants to let each member set its own fiscal policy, each member needs its own currency. What they're currently doing is an interesting experiment in cooperative economics, but it's a bit like trying to play a video game where a dozen people each have a joystick and the average input of all their joysticks is the command sent to the game.

    2. Re:Rich vs richer by ooloorie · · Score: 1

      You don't get taxed when you are losing money. Companies that are profitable now in "richer EU countries" would remain so, just to a lesser degree.

      And if their profitability falls below what investors demand as a return, then those companies move to China or close entirely, and investors put their money elsewhere. And if you don't leave investors any place to put their money with sufficient profits, they simply stop investing altogether.

      Just like the US being a part of the EU means that countries have given away some sovereignty in exchange for economic benefits. That's not necessarily a bad thing.

      US states can each set their own tax rates. Arguably, US states actually have more freedom than EU member states.

    3. Re: Rich vs richer by Anonymous Coward · · Score: 0

      Twitch plays Government

    4. Re:Rich vs richer by Anonymous Coward · · Score: 0

      The EU already has a rule that restricts fiscal policy: you're not allowed to have a debt over 60% of GDP, and you should have a balanced budget (with occasional deviations if less than 3% of GDP).

      The problem isn't this rule, it is the complete and utter disregard for the rule. Greece has debts that are more than double the 6%, It ran budget deficits over 5 times the 3% allowed. And yet it wasn't kicked out. If the EU can't even enforce this rule, more fiscal rules are not the solution.

      I can see why the EU is unhappy with Ireland at this point. They did have a budget shortfall as well, although not on the scale of the Greeks. If they had taxed Apple and other companies at a reasonable rate, this wouldn't have happened. And with Irish debt still well over 90% GDP, this tax repayment would help Ireland significantly in repaying those excess debts.

    5. Re:Rich vs richer by Builder · · Score: 1

      > And if their profitability falls below what investors demand as a return, then those companies move to China

      How ? This whole discussion is about Apple products being sold in countries across the EU, and those countries getting no tax benefit.

      Do you really think that Apple would stop selling in the whole of the EU ?

    6. Re:Rich vs richer by ooloorie · · Score: 1

      How ? This whole discussion is about Apple products being sold in countries across the EU

      Apple is a convenient whipping boy, but the policies being discussed do not just apply to Apple. That is, the EU effectively wants to set a precedent here that EU members cannot compete on taxes. That's because high tax members of the EU hate losing business to low tax members.

      and those countries getting no tax benefit

      That's, of course, utter bullshit, since EU members already charge massive amounts of taxes on both sales and import.

      Furthermore, think about it: Apple doesn't manufacture much in Europe, and they have little R&D in Europe; what investments are those profits supposed to be on? The reason Apple has massive profits in Europe is because they are trying to avoid repatriating the money to the US. So, as far as Apple is concerned, if Apple's European taxes rise to US levels, then those European profits are going to evaporate quickly and Apple is going to pay taxes on them in the US again. That is, Europe is not going to be able to squeeze much from Apple in the long run.

      The effect is much more pernicious on companies that are actually tied to Europe, because they really do stop investing, taking risks, and growing as the corporate taxes get too high.

  5. if I had a bill... by Anonymous Coward · · Score: 0

    I would build huge house and live there with my money converted on PUSSY. If you wanna live with me, You must have another billion of your own.

  6. Sadly it will make things worse for the workers... by Anonymous Coward · · Score: 0

    Apple constantly tries to lower the bottom line - do you think they'll dive into their piggy bank?

    http://www.theregister.co.uk/2016/08/26/apple_criticized_for_factories/

  7. Tim Cook by Anonymous Coward · · Score: 1

    Wealthiest/filthiest gay man in the World! Is true!

  8. Next up O'Google by goombah99 · · Score: 1

    Google is an Irish company too.

    These deals were so routine wallstreet had a name for it: The Double Irish. Why is anyone even shocked.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:Next up O'Google by bloodhawk · · Score: 2

      nobody is shocked... well except for the part where they may actually be forced to pay some of what they legitimately owe, but I am sure Ireland and Apple will appeal as the last thing Ireland wants is to upset the money trees they have imported.

    2. Re:Next up O'Google by drinkypoo · · Score: 2

      These deals were so routine wallstreet had a name for it: The Double Irish. Why is anyone even shocked.

      What's potentially shocking, or at least little-known, is that Apple is one of the first companies to use it. It wasn't well-known when Apple started doing it. It is now...

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Next up O'Google by rtb61 · · Score: 5, Insightful

      Appeal or not, the writing is on the wall, Ireland and it's theft of revenue from other countries, crippling their social services is over and Ireland will be fucked and forced to ensure all companies pay equal fucking taxes. No fucking special deal to steal other countries revenues, there should be far greater penalties applied to Ireland for this blatant scam and the economic attack on other countries.

      All taxes should be paid where the revenue is generated, and not one cent of tax revenue should be allowed to be stolen by other countries. The Irish government are scum for doing this and should be made to economically suffer.

      --
      Chaos - everything, everywhere, everywhen
    4. Re:Next up O'Google by ShanghaiBill · · Score: 2

      Those other countries should have been taxing revenue, or payrolls, or dividends. "Profit" is something that can be easily manipulated or shifted to another jurisdiction. It is the dumbest thing to try and tax.

      I ran my own business for many years, and it was amazingly easy to pay zero taxes on profits. I put a pool in my backyard, and declared it an "employee recreation facility" (I held a company BBQ there just to be sure I had all my bases covered) and wrote the whole thing off against profit.

    5. Re:Next up O'Google by diesalesmandie · · Score: 1

      Appeal or not, the writing is on the wall, Ireland and it's theft of revenue from other countries, crippling their social services is over and Ireland will be fucked and forced to ensure all companies pay equal fucking taxes. No fucking special deal to steal other countries revenues, there should be far greater penalties applied to Ireland for this blatant scam and the economic attack on other countries.

      All taxes should be paid where the revenue is generated, and not one cent of tax revenue should be allowed to be stolen by other countries. The Irish government are scum for doing this and should be made to economically suffer.

      Theft of revenue? You do realise that Ireland's low corporate tax rate (NOT the double irish mechanism) is not only legal, but the only thing keeping a lot of jobs in the country? It is necessary because Ireland is physically isolated from the rest of Europe and is not a self contain economy like Britian.

      --
      This is my sig, there are many like it but this one is mine
    6. Re:Next up O'Google by rtb61 · · Score: 1

      Keep in mind your pool was 'in country' and not a politicians mansion in another country paid for with kickbacks from those tax frauds. So more naughty than evil or conspiring to be tax pirates pillaging other countries social services.

      --
      Chaos - everything, everywhere, everywhen
    7. Re: Next up O'Google by Anonymous Coward · · Score: 0

      Thanks for publically confessing to being a tax cheat, you moocher. Having a company BBQ at your house pool does not make the pool an employee recreational facility. It doesn't make your house one either. You are a leech and a thief from every legitimate tax payer.

    8. Re:Next up O'Google by Carewolf · · Score: 1

      nobody is shocked... well except for the part where they may actually be forced to pay some of what they legitimately owe, but I am sure Ireland and Apple will appeal as the last thing Ireland wants is to upset the money trees they have imported.

      Ireland has no money trees, they are pisspoor and have been draged out of bancruptcy by the EU. A state of affairs they got themselves in by thinking they could get rich by not collecting taxes.

    9. Re:Next up O'Google by Anonymous Coward · · Score: 0

      Your efforts were blatant tax fraud and if caught would see you with fines or in Jail. What Apple and Co do is legal tax minimisation, just as scummy and corrupt but legal or at worst fuzzy grey as to its legality.

    10. Re:Next up O'Google by Anonymous Coward · · Score: 1

      It is somewhat indirect wealth, none of the companies would ever build headquarters and employment their naturally, by saying well if we don't tax them then at least they bring some jobs. So it does help the Irish economy, not as much as the taxes would but they were never going to get those taxes anyway.

    11. Re:Next up O'Google by Anonymous Coward · · Score: 0

      Wow you're such an amazing cunt, fuck your tax theft!

    12. Re:Next up O'Google by Anonymous Coward · · Score: 0
      So you lied on your taxes and didn't get caught (yet).

      Guess what, Apple just got caught :)

    13. Re:Next up O'Google by AmiMoJo · · Score: 1

      The EU is introducing a new system where companies are evaluated based on EU wide criteria (where they do business, where they have staff etc), an EU wide tax rate is applied and the money distributed to member states. Doesn't matter if they claim to have lost money because of crippling licence fees to a company on some Caribbean island, if they do business in the EU they pay tax on the profit.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    14. Re:Next up O'Google by TheRaven64 · · Score: 1

      The problem is that they don't bring many jobs and the ones that they do are low-skill, low-pay. For example, Apple runs a call centre and a distribution centre in Ireland. Callcentre employees are just reading through a script, the shipping centre is moving boxes around. They're not bringing the engineering and R&D jobs that come with high salaries that translate to higher income tax revenues and knock-on benefits in the local economies from increased spending.

      --
      I am TheRaven on Soylent News
    15. Re:Next up O'Google by Anonymous Coward · · Score: 0

      ... where the revenue is generated ...

      That won't solve the problem because the USA is buying licenses from Ireland so the revenue is generated in Ireland. The problem is the USA will not tax a wholely-owned shell corporation.

      ... No fucking special deal to steal other countries revenues ...

      The reverse tends to be true: Most countries have arranged their tax laws so that they indirectly pay a 'Pax Americana' tax. Their governments have betrayed their citizens.

      ... not one cent of tax revenue ...

      It is not the job of any country to protect the USA's revenue stream: They pay Pax Americana, they don't owe the USA anything. Yet countries still line-up to swallow American-style laws.

    16. Re:Next up O'Google by Anonymous Coward · · Score: 0

      Hell even actors know that the keywords are "percentage of the gross"

    17. Re:Next up O'Google by Anonymous Coward · · Score: 0

      I put a pool in my backyard, and declared it an "employee recreation facility" (I held a company BBQ there just to be sure I had all my bases covered) and wrote the whole thing off against profit.

      For your sake, I hope that a) one cannot track down your real identity from your ./ id and b) the IRS is not reading this thread.

      Actually, for the rest of our sakes, I hope the opposite.

    18. Re:Next up O'Google by kaatochacha · · Score: 1

      Which is why ALL deductions are BS.

    19. Re:Next up O'Google by ShanghaiBill · · Score: 1

      Which is why ALL deductions are BS.

      If you allow NO deductions, then you are just taxing revenue. So it is a sales tax.

    20. Re:Next up O'Google by Anonymous Coward · · Score: 0

      the tax scam they have been running is all about importing jobs into the country and no providing an artificially low tax rate is NOT legal when you are part of the European trade zone. They are basically stealing enabling companies to steal from the rest of Europe in exchange for bringing some extra jobs to Ireland.

    21. Re:Next up O'Google by bloodhawk · · Score: 1

      yep, very true, it still does help a little though, 5000 unskilled jobs is still 5000 more jobs for a segment of the market that previously didn't exist. The problem is they are really Stealing billions in tax revenue from other countries in order to get those 5000 unskilled jobs.

    22. Re:Next up O'Google by Coren22 · · Score: 1

      Crippling licensing fees reduce the profit, and are therefore a legal way of moving profit out of country. You seem to be missing that it is a tax on profit, which is a tax after experiences (such as licensing fees).

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    23. Re:Next up O'Google by Coren22 · · Score: 1

      Doh, stupid spellcheck.

      Expenses, tax after expenses.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  9. We Americans should hit Apple with an European tax by 140Mandak262Jamuna · · Score: 1, Interesting
    What Ireland did to Europe is exactly what Europe is doing to America. We should cite this European ruling as a precedent and hit Apple with 2 billion dollars of dodged taxes.

    The corporate tax has been shrinking in America and the burden has been foisted on individuals. It is time to reverse the decades old trend.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
  10. Re:We Americans should hit Apple with an European by wierd_w · · Score: 5, Informative

    You are not understanding the problem.

    I will try to explain it to you.

    1) apple may be headquartered in Cupertino CA, but not all of its sales are in the United states.

    2) because of this, and the way international taxation works, there are "apple UK", "Apple china", "Apple Korea", etc. These are wholly owned subsidiaries of Apple USA, but the product produced and sold, is sold exclusively in the subsidiary's local market. This allows the local branch to be taxed by the locall tax authority, on the profits made by that local branch. In theory at least.

    3) what really happens is that Apple Ireland, which pays essentially zero taxes, claims sales volumes for markets outside of ireland, knowing that regulators cannot easily disprove that Apple Ireland is not just selling absurd numbers of apple products, and making all that profit legitimately. This is especially true, when Apple USA tells Apple EU to buy exclusively from Apple Ireland, and charge EU customers busing from them essentially a flat shipping cost that is the exact amount they buy fro. Apple Ireland. That artificially moves sales originating in the EU to Ireland's accounting. The actuAL sale occurs inside Ireland, and thus is billable in Ireland, under Irish tax law. (NEVERMIND where the product actually ships to.)

    4) Apple says this is perfectly legitimate, Ireland concurs, but EU feels otherwise. EU tells Ireland that sales from EU citizens are originating in the EU, and need to be billed and taxed accordingly.

    5)Apple USA, and Apple Ireland don't want those sales to be reported as originating in the EU, because then they have to pay taxes on those sales. Stamp little feet and threaten to take their ball and go home, or to go complain to their mommies.

  11. Apple is the devil by slashmydots · · Score: 0, Flamebait

    So Ireland is ordered to take over a 1 billion Euros in free money from one of the worst companies on the planet, not to mention one of the richest, and they said no? That's logical. I'll take the money if they don't want it. I'm 1/8 Irish.
    Btw, Apple is sitting on something like 40 billion USD liquid cash and they REFUSE to use it to improve screen shatter chance or work conditions at their factories. Releasing a known defective product and lying about labor, basically having slave labor, etc is unbelievable considering the money they make. They should be brought up on something equivalent to international war crimes for the treatment of their labor force and the constant lies to cover it up.

    1. Re:Apple is the devil by ledow · · Score: 1

      The only reason Apple are in Ireland in the first place is that someone wanted all this tax stuff to just slip by under a regime designed to ignore it - pretty much.

      Here, we'll throw a few jobs your way and a free round of golf, and you won't tax us like the UK, EU, US, Australia, etc. would if we did it there. That's the deal.

      So if Apple are made to pay it anyway, they'll just take their ball elsewhere, where someone will turn a blind eye for less, which is why Ireland are APPEALING the decision...

    2. Re:Apple is the devil by Malc · · Score: 1

      Err no, that's not quite how it would work. You in the US would not collect the tax, but you would tell the EU to collect it. In this case the EU is claiming that Ireland broke the rules about state aid, and that Ireland should now reclaim that money.

    3. Re:Apple is the devil by Dog-Cow · · Score: 1

      I hope someone's iPhone screen breaks and the pieces are jammed into your eyeballs.

      You do know that Apple doesn't own any factories, right? Facts don't matter to shit-headed morons like you, though.

    4. Re:Apple is the devil by AmiMoJo · · Score: 1

      Even if Ireland takes the money, it's theft from the rest of the EU where the majority of the business was transacted. The proposed unified taxation system would fix that, and maybe now the UK is locked out of the negotiations it can proceed.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  12. That's No Small Potatos by Bob_Who · · Score: 1

    So how do you like them apples?

  13. Ain't just Apple by Anonymous Coward · · Score: 0

    Several years back (2007-9), it was standard practice at VMWare Australia for them to invoice Australian businesses out of Ireland but in US$. All moneys were paid direct to Irish banks in US$. It seemed dodgy as fuck at the time. Ireland is responsible for aiding numerous large companies to defraud other countries of tax that should rightfully (morally) have been paid by the local subsidiaries of those companies. Shame on Ireland for enabling this behaviour.

    1. Re:Ain't just Apple by agm · · Score: 2, Insightful

      I don't think the words "morally" and "taxation" belong in the same sentence. No matter how you think a society should be run, the forced confiscation of private property using a threat of violence is not moral. I am not proposing an alternative, but a lack there-of does not make extortion in any way "moral".

    2. Re: Ain't just Apple by Anonymous Coward · · Score: 0

      Yeah, not like Jesus ever said
      Render unto Caesar what is Caesar's,
      Right?

    3. Re: Ain't just Apple by Anonymous Coward · · Score: 0

      Put Caesar back in charge and we will.

    4. Re: Ain't just Apple by Dog-Cow · · Score: 1

      I am not taking a position of the morality of taxes, but a translated quote from a religious text doesn't define morality.

    5. Re:Ain't just Apple by tehcyder · · Score: 1

      I don't think the words "morally" and "taxation" belong in the same sentence. No matter how you think a society should be run, the forced confiscation of private property using a threat of violence is not moral. I am not proposing an alternative, but a lack there-of does not make extortion in any way "moral".

      The alternative to taxation would be an anarchistic network of individuals freely co-operating, or complete corporate fascism, depending on your view of human nature.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    6. Re:Ain't just Apple by udachny · · Score: 1

      Correct, there is no way to claim that taxes are 'moral' since they are extracted through the violent means of the State.

      This is 'legal' racketeering by the State, the State is the organized crime syndicate, nothing else at all.

      Also I must say, for Apple it makes sense to strike back in a completely immoral way as well, by hiring special forces at a fraction of the 14.5 Billion USD (14 and a half billion USD, not 1.1 as is stated in the /. headline), digging every possible piece of dirt on every politician involved in this racketeering, blackmailing most, taking out some others. It's just cheaper and it sends the correct signal.

    7. Re:Ain't just Apple by Anonymous Coward · · Score: 0

      I think you're wrong about the immorality of taxation.

      Imagine that you live in a village, and the wealthiest resident has more than enough food. So much that he can't possible consume it all. In fact, the food he has in his larder is going off and becoming worthless.

      On the other side of the village, a family is starving to death. Although skilled farmers, they were struck by a blight and are now too weak to provide for themselves. The rest of the village, having lost a lot of their crops as well, has little to spare to help them. Of course, if everyone was ethical, the glutton would give them some of his food. But he didn't get to be wealthy by giving things away...

      So, is it moral to steal food from the glutton's pantry for the starving family? I certainly think so, and I believe most people would think so too. Aside from the sanctity/value of life argument, the (starving family+the decaying food hoard) has a far lower economic value than (consumed food + a healthy, work-capable family).

      Taxation is (or rather, should be) simple codifying this behaviour in law to ensure that all wealthy people subsidise all the less fortunate. This allows those who are suffering to recover, and is a net economic gain for the whole community.

      More complex programmes (roads, education, healthcare) have been shown to have a significant net economic benefit - for every dollar spent on roadbuilding projects, around 4 dollars is saved by everyone else over the life of the road [1].

      Of course, it doesn't always work like that, especially when the rich have a disproportionate say in making the law. In this case for example, Apple have given incentives to the Irish government (promises of some tax income) in order to reduce their tax liability below what they would otherwise be paying. If this were merely an Irish issue, that would be the end of it; Ireland would have made a good deal. But because of the way the European common market works, Apple have effectively avoided paying tax in every other EU nation thanks to this deal. The fact that the deal is against European law has been made very plain to both Ireland and Apple for some time, but the only way to actually enforce said law[2] is to force Apple pay what is owed. At a time when most European countries are struggling to afford programmes (education, healthcare) that have an undeniable and hugely beneficial economic impact, tax avoidance and/or evasion is politically unpopular

      [1] https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/408514/ris-for-2015-16-road-period-web-version.pdf - NB that if roadbuilding was done privately (through toll roads), the economic benefit would be largely captured by private enterprise rather than distributed across road-users.

      [2] Side point: the only way to enforce any law is the eventual threat of force. If you ban stealing, but somebody steals; what are you to do? Ask them nicely to give it back? Ostracise them from society? If you just passively cut them off, declare them an outlaw, then you leave them little option but to steal again, or worse, to survive. I believe in non-violent, non-punishment rehabilitation, but often people don't want to be rehabilitated.

  14. "motivated by employment considerations." by Anonymous Coward · · Score: 0

    Its called a bribe.

    1. Re:"motivated by employment considerations." by wierd_w · · Score: 1

      Thats only if they are offering to create jobs.

      If they are threatening to terminate jobs, that is called extortion.

  15. EC will punish US Teachers by Trachman · · Score: 0

    European Commission will punish California Teachers? You don't believe it?

    If a tax ruling is made, irrespective of appellation process Apple stock will take a hit. A big hit. Huge bite to capitalization.

    One of the largest Apple shareholders is Vanguard Funds, and Vanguard Funds are owned by multiple 401k and pension plans in USA. Bottom line is that not only teachers, but many in the middle class will lose a boatload of money because European Commission, directed by unelected president Junker TOLD Ireland to change treatment of Ireland's laws and to extort more money.

    Every time those bureaucrats try fixing and every time there will be unintended consequences, they always fuck up.

    If appeals are not successful and a precedent is formed, then expect Ireland to become much less desirable manufacturing location. There will major job and investment losses.

    Expect eventually Ireland to leave EU

    1. Re:EC will punish US Teachers by PopeRatzo · · Score: 1

      One of the largest Apple shareholders is Vanguard Funds, and Vanguard Funds are owned by multiple 401k and pension plans in USA. Bottom line is that not only teachers, but many in the middle class will lose a boatload of money because European Commission, directed by unelected president Junker TOLD Ireland to change treatment of Ireland's laws and to extort more money.

      401k plans were never meant to provide retirement for people. They were just meant to funnel money to people who already have all the money.

      The total percentage of Vanguard instruments that are owned by the middle class is probably in the 1%-2% range. And Vanguard's total Apple exposure is in the 2%-3% range (at least according to the Vanguard statements). This bill for back taxes isn't going to move the needle one bit for anyone in the "middle class".

      --
      You are welcome on my lawn.
    2. Re:EC will punish US Teachers by bickerdyke · · Score: 1

      Wait.... are you saying that if the EU demands back money from illegal tax breaks, it will be Californian teacher's money? So those teachers were actually profiting from tax fraud? Well, then they should be glad that they only have to pay back tose illegal profits and not also face criminal prosecution.

      --
      bickerdyke
    3. Re:EC will punish US Teachers by iris-n · · Score: 1

      This argument is insane. So independently of whatever tax fraud Apple makes, it is wrong to punish them for it, because the stock price will be hit? Tough luck, maybe you shouldn't buy shares of a tax-dodging company in the first place.

      --
      entropy happens
    4. Re:EC will punish US Teachers by tehcyder · · Score: 1

      European Commission will punish California Teachers? You don't believe it?

      If a tax ruling is made, irrespective of appellation process Apple stock will take a hit. A big hit. Huge bite to capitalization.

      One of the largest Apple shareholders is Vanguard Funds, and Vanguard Funds are owned by multiple 401k and pension plans in USA. Bottom line is that not only teachers, but many in the middle class will lose a boatload of money because European Commission, directed by unelected president Junker TOLD Ireland to change treatment of Ireland's laws and to extort more money.

      Every time those bureaucrats try fixing and every time there will be unintended consequences, they always fuck up.

      If appeals are not successful and a precedent is formed, then expect Ireland to become much less desirable manufacturing location. There will major job and investment losses.

      Expect eventually Ireland to leave EU

      If a pension fund can be seriously damaged by what happens to the stock value of one company in its portfolio, then that pension fund is not being run properly.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    5. Re:EC will punish US Teachers by Anonymous Coward · · Score: 0

      Mather of fact, I would makes me wonder if it wasn't the investor (the pension fund) who forced Apple to this path. In that hypothetical case, they should deserve it.

    6. Re:EC will punish US Teachers by Trachman · · Score: 0

      A big picture is that EC is targeting not just the Apple, but it is targeting the business model. The principle. It impacts many of Fortune 200 companies, including Facebook, Google and many many more entities. Apple is, by far the largest. If it works on Apple, all others will just fold.

      It will move the stock market. By a lot. In the long term, of course, because the ruling will have an impact to the accounting provisions which are not necessarily instantly are disclosed, or, for proprietary reasons, recognized in the financial statements.

    7. Re:EC will punish US Teachers by PopeRatzo · · Score: 1

      It will move the stock market. By a lot. In the long term, of course, because the ruling will have an impact to the accounting provisions which are not necessarily instantly are disclosed, or, for proprietary reasons, recognized in the financial statements.

      So, you believe that Apple and other companies don't realize that they're attempting to evade taxation when they engage in these Dutch-Irish sandwiches?

      And no, it won't move the market by a noticeable amount, any more than a tax increase or decrease moves the stock market by a noticeable amount, except maybe on the day it's announced.

      --
      You are welcome on my lawn.
    8. Re:EC will punish US Teachers by tmh+-+The+Mad+Hacker · · Score: 1

      > 401k plans were never meant to provide retirement for people. They were just meant to funnel money to people who already have all the money.

      With an $18k limit on 401(k) contributions, they're not exactly designed for stashing huge amounts of money for rich people. The extra-wealthy may certainly own the majority of funds in *other* instruments at Vanguard, but most of their money is *not* -- cannot be -- in 401(k)s.

    9. Re:EC will punish US Teachers by PopeRatzo · · Score: 1

      With an $18k limit on 401(k) contributions, they're not exactly designed for stashing huge amounts of money for rich people. The extra-wealthy may certainly own the majority of funds in *other* instruments at Vanguard, but most of their money is *not* -- cannot be -- in 401(k)s.

      It's not about getting money into Vanguard instruments, it's about getting money into the market, where it becomes the piggy bank for the rich.

      When the stock market goes up, those 401(k) accounts will go up more slowly than the market generally. And when they go down, the financial elite will get the memo ahead of time leaving the poor schlubs who think their 401(k) accounts are secure holding the bag. This is not theoretical. It happened just eight short years ago and it's going to happen again.

      --
      You are welcome on my lawn.
    10. Re:EC will punish US Teachers by tmh+-+The+Mad+Hacker · · Score: 1

      Ah. I interpreted you as saying "The ultra-rich have their money in 401(k) accounts", but it looks like you were saying the opposite -- that the ultra-wealthy are the ones *not* in 401(k)s.
      I would think, though, that for 401(k)s to become a significant "piggy bank" to the rich, they'd have to represent more than the 1% your earlier "middle class holds 1-2% total" declaration suggests -- where it doesn't seem they could provide a boost to other accounts significant enough to even notice.

      *sigh* 401(k)s... I'd like to like them, but...yeah, what could have been a decent idea was mutilated by restrictions in a way that nobody can like them. Give employees control of where they invest? Allow them to have almost anything they want inside of that instrument? Great idea, except:
      1. The avg worker isn't exactly a financial genius, nor do they want to become one.
      2. The choice is restricted to what the employer has to offer (unless you frequently change jobs, etc. to move funds out and into IRAs, but then those aren't 401(k); the 401(k) still stinks.)
      3. Too many HR managers are stupid, lazy, or corrupt, and there are plenty of institutions and "consultants" ready to take full advantage of that, so your choices are often very poor.
      4. At least in the old days, if a company's pension plan was bad they knew it reflected poorly on them. Now, they just point to the 401(k) and say it's someone else's fault it didn't work out so well.

  16. Penniless by Anonymous Coward · · Score: 0

    Now brexit is a thing, the EU has to get its slush money from somewhere, so why not just gouge an industry out of existence?

    Corporations aren't people, they benefit the economy and employ people as well as transferring expertise etc. Of course they shouldn't pay the same tax rates.

  17. Re:We Americans should hit Apple with an European by 140Mandak262Jamuna · · Score: 1
    What all these companies do is to shift profits. Apple USA sells the right to use Apple brandname and products to Apple UK. At what price? You can sell it at high price, and Apple UK will make a loss, Apple USA will make a profit, Apple pays tax in USA. Or it can sell it at some bargain basement price, make no profit in America, and make ALL its profit in UK. It is completely arbitrary and it is completely at the discretion of Apple.

    USA does not want to mess with the internal of the company or how it prices and deals with different divisions internally. All USA is saying is, we will tax you on worldwide income. You declare profits anyway you want, anywhere you want, pay whatever taxes you want to pay to any government you want to pay. If by US law you would have paid X$ as taxes, you pay that much in tax. If all the taxes you have paid to all other governments does not add up to X$, you pay the rest to ?USA. This is completely logical, completely made with one goal. To stop companies from racing to the bottom. Companies shop around for governments to pay the least overall tax. What USA wants to do is to make sure that they can't race to the bottom.

    You declare profit anywhere you want, pay any tax due to any government. But overall you can not reduce your tax burden below a certain threshold. That is the stand taken by the US government. It is entirely logical and necessary to prevent the race to the bottom. Only people fooled by the billionaire funded media and the paid shills of them believe USA is taxing too much and the corporations are victims.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
  18. Is this about VAT? by Anonymous Coward · · Score: 0

    Or something else? Surely, if the Apple has paid the 12.5% Irish rate and correctly dealt with the VAT, it should be alright? There is no minimum corporate tax rate in the EU as far I know, but all tax rates have to apply equally to all companies, not just investing ones or the ones creating jobs.

    1. Re:Is this about VAT? by sabbede · · Score: 1
      Giving companies tax breaks in order to get them to base operations (jobs) in your region is a practice as old as taxing them. The EU countries suing Apple all collected the VAT on Apple's products,but they want a cut of the profits too despite not having a clear legal right to them.

      So instead of competing with each other on tax rates to attract companies (like Ireland has), they're trying to sue the competition away.

  19. so the European Comission admits it? by ooloorie · · Score: 1

    Irish tax officials showed the company's tax treatment had been "motivated by employment considerations."

    So, low taxes attract jobs after all? And the European Commission admits it?

    1. Re:so the European Comission admits it? by tpgp · · Score: 1

      So, low taxes attract jobs after all? And the European Commission admits it?

      ReRTFA & its quite clear that the motivation in quote you're referring to ("motivated by employment considerations") is assigned to Irish Tax Officials and not to the European Commission. They're not admitting a thing.

      Note: I have no pony in this race & have no opinion on whether tax breaks create jobs or not. But your referenced quote is not the smoking gun you make it out to be.

      --
      My pics.
    2. Re:so the European Comission admits it? by ooloorie · · Score: 1

      ReRTFA & its quite clear that the motivation in quote you're referring to ("motivated by employment considerations") is assigned to Irish Tax Officials and not to the European Commission. They're not admitting a thing.

      Yes, the EU is saying that the Irish tax office wanted to attract jobs by giving tax breaks and that it is working. If it weren't working, then the EU wouldn't have to intervene.

      Note: I have no pony in this race & have no opinion on whether tax breaks create jobs or not. But your referenced quote is not the smoking gun you make it out to be.

      There is no smoking gun and there doesn't need to be: even idiots understand that lower tax rates attract jobs. I'm simply pointing out the hypocrisy of a political construct that, on the one hand, promises jobs and prosperity, and on the other hand implements policies that drive away jobs.

    3. Re:so the European Comission admits it? by holz.name · · Score: 1

      Yes, the EU is saying that the Irish tax office wanted to attract jobs by giving tax breaks and that it is working. If it weren't working, then the EU wouldn't have to intervene.

      Do you have evidence that it's working? The EU intervened because those tax breaks violate EU law, not because they do or don't create jobs. Btw, I don't believe that tax breaks are creating any jobs. Taxes are raised on profits, not income. Profits are incomes-expenses. So, if Apple had high income and would reinvest that income into jobs, Apple wouldn't pay any taxes. But Apple does not, but instead is asking for tax breaks, and those tax breaks go into Apple's purse and not into reinvestment or creating of jobs. Apple purse is about US$174 billion big.

    4. Re:so the European Comission admits it? by Carewolf · · Score: 1

      Irish tax officials showed the company's tax treatment had been "motivated by employment considerations."

      So, low taxes attract jobs after all? And the European Commission admits it?

      No, they didn't, but that was the Irish movitation behind the move. The gave Apple a tax deduction of 10 billion euros, and Apple created at most 100 jobs in return.

    5. Re:so the European Comission admits it? by Anonymous Coward · · Score: 0

      That must be the most expensive 100 jobs on earth. Apple sure knows how to get paid for whatever little they do.

    6. Re:so the European Comission admits it? by sabbede · · Score: 1

      10% of jobs in Ireland are from foreign companies who base operations there because of the low corporate tax rate. It's revenue comes instead from income, value-added and capital gains taxes. It's also worth noting that corporate profits are taxed twice - once when reported by the company, and again as capital gains reported by the shareholders.

    7. Re:so the European Comission admits it? by SomeoneFromBelgium · · Score: 1

      The EU Commission accuses the Irish tax deals to be motivated by 'employment considerations'.

      And IRL will of course deny it..

    8. Re:so the European Comission admits it? by ooloorie · · Score: 1

      The EU Commission accuses the Irish tax deals to be motivated by 'employment considerations'.

      Again: that implies that the EU commission admits that employment considerations are relevant to taxation; i.e., that higher taxes cause a country to lose jobs and lower taxes cause a country to gain jobs.

      And their political solution to this is to attempt to force every country into a high tax regime.

    9. Re:so the European Comission admits it? by Anonymous Coward · · Score: 0

      From what I understand the company in question has exactly one employee stationed in the accounts department at the site claimed as Irish HQ.

      There was a documentary made about this...I can't remember it's name. Even more amazing is that when questioned, nobody - including people who work next to the site, nor the relevant government minister - could claim to have actually seen her, though the government minister defended this single employee status by stating that she was obviously an amazing entrepeneur, and good luck to her.

      You would imagine that a person managing billions of dollars in a country as small as Ireland would have quite some profile.

    10. Re:so the European Comission admits it? by ooloorie · · Score: 1

      It's also worth noting that corporate profits are taxed twice - once when reported by the company, and again as capital gains reported by the shareholders.

      They are taxed even more than that: for each iPhone, there are import taxes and sales/VAT taxes; then, the profits from that sale are taxed again as corporate taxes and then as capital gains taxes.

    11. Re:so the European Comission admits it? by ooloorie · · Score: 1

      Taxes are raised on profits, not income. Profits are incomes-expenses.

      What companies invest isn't profits, what they invest is the capital they raise. Profits are what shareholders earn on their investment, and traditionally are paid out as dividends. As a shortcut, many companies simply reinvest profits, as opposed to paying them out and then raising new capital.

      So, if Apple had high income and would reinvest that income into jobs, Apple wouldn't pay any taxes

      The number of Apple employees has grown by about 50% over the last five years, so they are busily creating jobs. And a lot of the people they hire get Apple stock as incentives and compensation, and they choose to work for Apple (instead of IBM or other companies) precisely because Apple's stock is doing so well.

      Apple purse is about US$174 billion big.

      Yes, Apple has huge cash holdings outside the US, for the simple reason that US corporate taxes are even higher than the EU's. If the EU raises its taxes to US levels, then those "European profits" will simply evaporate; they were never real to begin with. In effect, the EU is playing the same game vis-a-vis the US as Ireland is playing vis-a-vis the EU.

    12. Re:so the European Comission admits it? by SomeoneFromBelgium · · Score: 1

      Nope. It just shows that the EU Commission is well aware that these kind of tax deals with certain multinationals are made under the threat of moving their jobs elsewhere. Nowhere does it say that these strategies are efficient or even an succesful at creating jobs.

      Anyways: this is not about IRL taxes vs. IRL jobs. This is allowing Apple to avoid taxes in the whole of the EU in exchange for some kind of deal on jobs in IRL. And that is, of course, unfair...

    13. Re:so the European Comission admits it? by sabbede · · Score: 1

      And Ireland had the nerve to limit them to just those taxes by limiting themselves to just those taxes? How rude!

    14. Re:so the European Comission admits it? by ooloorie · · Score: 1

      Nope. It just shows that the EU Commission is well aware that these kind of tax deals with certain multinationals are made under the threat of moving their jobs elsewhere. Nowhere does it say that these strategies are efficient or even an succesful at creating jobs.

      I didn't say that these "lower taxes are successful at creating jobs", I said that "higher taxes cause a country to lose jobs". You are right that companies are "threatening" to move jobs unless they are taxed less, and that is an entirely correct thing to do for companies.

      This is allowing Apple to avoid taxes in the whole of the EU in exchange for some kind of deal on jobs in IRL.

      No, it is actually about allowing Apple to avoid taxes in the whole of the US, because the only reason those profits haven't been repatriated to the US is because US taxes are higher.

      The entire European Apple subsidiary exists mainly for the purpose of tax avoidance in the US. Since Apple Europe doesn't manufacture anything, doesn't take any significant risk, and doesn't invent anything, it shouldn't generate much of a profit. Since there are hardly any costs associated with having a company whose primary purpose is to collect and invest sales profits in Ireland, Ireland can afford to give them low tax rates.

      And that is, of course, unfair...

      Companies moving to countries where they have to pay lower taxes is not at all "unfair". What is "unfair" is that the EU is using EU citizens as bargaining chips in order to tax the hell out of other companies. What is "unfair" is that the EU is trying to collect taxes on profits ultimately generated in the US, although for the latter, it's the US government and its broken tax policies that are ultimately at fault.

      And as Brexit shows, EU citizens are getting tired of this EU bs.

    15. Re:so the European Comission admits it? by SomeoneFromBelgium · · Score: 1

      Yep. You're a real one.What a character.

      Do you really believe that Apple is going to employ extra personel (no matter how few) just by being offered a tax break?
      Look what they have been doing all the time: mimimizing costs everywhere (China?) to maximize profit. Give them a tax break? More profit!

      You call looking for the lowest tax regime across the world fair and in the same post you moan about Apple evading US taxes. I though you were happy with that kind of behaviour.

      What I meant with the job thing is this: the personel that is currently being employed in IRL is needed (or they wouldn't be there). The IRL tax deal has not created a single extra job. What apple does is saying: well, we could employ these people here in IRL or somewhere else in the EU. If you don't lower your taxes we will move elsewhere. In this way it will negotiate with different countries in the EU. In this way the different coutries are forced into a race to the bottom for taxes of big multinationals. This was possible because every EU country is on his own.

      In the US this is much harder for Apple since there is one global taxation and this fiscal power play isn't that easy. So, who can blame the EU for doing the same?

      BTW it could very well be that Apple is going to 'repatriate' some of the profits in IRL to the US as result of the EU actions. So your US tax evading problem (or do you applaud it??) is also getting resolved!

      As for the Brexiteers: they are no longer our concern.

    16. Re:so the European Comission admits it? by ooloorie · · Score: 1

      Do you really believe that Apple is going to employ extra personel (no matter how few) just by being offered a tax break?

      Which part of this did you not understand?

      I didn't say that these "lower taxes are successful at creating jobs", I said that "higher taxes cause a country to lose jobs". You are right that companies are "threatening" to move jobs unless they are taxed less, and that is an entirely correct thing to do for companies.

      In the US this is much harder for Apple since there is one global taxation and this fiscal power play isn't that easy.

      Each state has its own corporate income tax rate, and each state can give tax breaks to individual companies. That is, the US does not have a "harmonized tax system". But the high tax countries in the EU want to "harmonize taxes" so that they don't have to compete with each other, and this action is just one of the opening salvos.

      BTW it could very well be that Apple is going to 'repatriate' some of the profits in IRL to the US as result of the EU actions.

      Correct observation. These profits properly belong to Americans and were generated by Americans; the EU didn't provide any services to Apple to justify taxing them at such a high rate. The reason foreign cash holdings are tolerated by the US is as a political compromise: Democrats aren't going to vote for lowering US corporate taxes, and Republicans aren't going to vote for forced repatriation of foreign earnings. But US politicians are going to get really pissed off if other countries are going to try to enrich themselves with US-earned money.

      So your US tax evading problem (or do you applaud it??) is also getting resolved!

      Apple is currently worth around $733 billion, and they hold $200 billion in cash outside the US, mostly in Europe AFAIK. That is, Apple the company is worth $533 billion, plus each shareholder owns a share of the $200 billion in cash. If that case gets taxes another 25% (it is all profit, of course), that is the same as taking 7% off everybody who holds Apple share. Since US retirement is largely based on stock market investments, that money comes pretty much directly out of everybody's retirements funds, including mine. And since Apple employees get a signficant part of their compensation in Apple stock, that means a several percent tax on their income. I don't want the US government to take more out of my retirement account, but I certainly object to Europeans getting any cent of that money.

      Yes, hopefully our US "tax evading problem" will get resolved by the US lowering its corporate tax rates and capital gains rates to below that of Ireland. Hopefully, the next US president will also put European governments in their place and retaliate against actions like Vestager's. If we're really lucky s/he will also start treating EU representatives with the kind of disdain and rudeness they deserve.

      As for the Brexiteers: they are no longer our concern.

      Yes, Brexit is very much your problem, because obviously neither you nor Vestager have learned its lessons.

  20. Oh boy.. by Vegan+Cyclist · · Score: 1

    "Please don't give us that billion dollars we're told you owe us" said no one ever...except Ireland.

    1. Re:Oh boy.. by Chrisq · · Score: 1

      "Please don't give us that billion dollars we're told you owe us" said no one ever...except Ireland.

      The thing is they probably got another billion in tax because Google was using them to sell into Europe. If they hadn't come up with this scheme Google would have probably gone somewhere else and they'd have got nothing ... not to mention the employment, wages, etc.

  21. Irexit time? by Anonymous Coward · · Score: 0

    EU is just a ponzi scheme for the wealthy anyway.

    1. Re:Irexit time? by trevc · · Score: 1

      This!

  22. More like 13 Billion Euros! by Anonymous Coward · · Score: 0

    See here: http://www.bbc.com/news/business-37220799

    Now that is one serious fine.

  23. 13 billions not 1 billion Euros by Anonymous Coward · · Score: 0

    13 billions not 1 billion Euros

  24. Wrong by Anonymous Coward · · Score: 0

    13 Billions Euros, Ouch!

  25. Re:We Americans should hit Apple with an European by Anonymous Coward · · Score: 0

    The problem here is that profits are not going to Apple IR, not goint to Apple USA. But they are going to Apple NOWHERE, so they are just avoiding to pay X€$£ taxes they should.

    https://twitter.com/EU_Commission/status/770561714635104256/photo/1

    http://www.forbes.com/sites/leesheppard/2013/05/28/how-does-apple-avoid-taxes/#1da651f6d6f7

  26. From EU commission twitter account by HacTar · · Score: 1

    #Ireland gave illegal tax benefits to #Apple worth up to €13 billion (image)

    https://twitter.com/EU_Commiss...

  27. Close the doors? by sjbe · · Score: 2

    And if their profitability falls below what investors demand as a return, then those companies move to China or close entirely, and investors put their money elsewhere. And if you don't leave investors any place to put their money with sufficient profits, they simply stop investing altogether.

    In general your argument is nonsense. What do you mean "move to China or close entirely"? Do you seriously think Apple is going to close down if they make 20% net margin instead of 25% net margin? Do you seriously think they are going to become a Chinese company? Spare me. Apple already is in China in about the biggest way possible. They aren't going to move and they certainly aren't going to ignore the EU market. At most a company might relocate some production but production isn't sales and taxes occur where the sales do (or should anyway). Companies aren't going to close their doors because they make a 6% profit instead of a 10% profit. It just doesn't work that way. They might change beneficial owners but the company won't disappear. Your argument makes zero sense.

    1. Re:Close the doors? by ooloorie · · Score: 1

      Do you seriously think they are going to become a Chinese company? Spare me. Apple already is in China in about the biggest way possible

      Correct, they are: due to the high tax regime and high labor costs in Europe.

      Companies aren't going to close their doors because they make a 6% profit instead of a 10% profit. It just doesn't work that way.

      But they are going to have a hard time raising capital at an expected 6% profit because there are alternatives for what people can do with their money. Furthermore, if you lower profits through taxation (corporate or capital gains), that money pretty much directly comes out of other people's retirement funds, which are financed in large part through investments in the stock market.

      Your argument makes zero sense.

      It makes little sense to you, which is hardly surprising.

  28. Where does $1.1B come from? I see $14.5B by Anonymous Coward · · Score: 0

    Like the subject says...where does the $1.1B number come from? I RTFA and it says $14.5B, and cnn also says the same.

  29. 0.005% in 2014, dear God... by Kartu · · Score: 1

    Let's not forget that it is being part of EU's economic zone that made Ireland an interesting place to invest in the first place.

    "The standard rate of Irish corporate tax is 12.5%. The Commissions's investigation concluded that Apple had effectively paid 1% tax on its European profits in 2003 and about 0.005% in 2014."

    0.005%, are you fucking kidding me?

  30. that's not how a loophole works by v1 · · Score: 1

    "You found a way to legally avoid paying about $1B of what we would normally collect from you. So we're going to fine you $1B for being so crafty!"

    No, that's not going to fly. And I don't care who it is that did it. That's not a practice I want applied to me, so that's not a practice that I want to see applied to anybody else.

    --
    I work for the Department of Redundancy Department.
    1. Re:that's not how a loophole works by Anonymous Coward · · Score: 0

      Firstly, it was not a legal way, apparently. That's the whole point. Secondly, it's not a fine. They just have to pay the tax they should have paid in the first place.

  31. Just pay your taxes by Anonymous Coward · · Score: 0

    "Apple and Ireland rejected the accusation; both have said they will appeal any adverse ruling."

    Why appeal, just pay it. Build some goodwill.

  32. Re:We Americans should hit Apple with an European by jabuzz · · Score: 2

    Wrong under EU tax law a company registered in the EU only has to pay tax on it's profits generated in the whole of the EU in the country where it is registered.

    So if Apple Ireland sells a iPhone in the UK or Germany the profit it makes on that is taxable in Ireland.

    The problem is that Ireland cut Apple a special deal that says Apple only has to pay taxes on the profit made in Ireland. That's great for Ireland because it attracts Apple to locate it's headquarters in Ireland and that provides jobs, and they still get all the tax they otherwise would have.

    On the other hand the rest of the EU is royally pissed off, and have decided that it amounts to illegal state aid, hence the fine. I believe in no particular order Microsoft, Dell and Google also do the same, so expect to see requirements for large back tax bills for these firms too in the not too distant future.

    This is quite separate from the sell brandnames at inflated prices tax dodge that the likes of Starbucks operate.

    It's also separate from the Amazon we don't actually make profits because we reinvested it all to grow the company so no tax to pay scheme that Amazon have historically operated. This is not a tax dodge in my view but Amazon have been almost unique it operating it for such a long period of time that it has been unfairly branded as a tax dodge.

  33. http://www.i-chirurgie-esthetique-tunisie.com by chirurgiensuisse · · Score: 0

    Le lipofilling fessier est une technique médicale de remplissage des fesses pour en augmenter le volume. A la Clinique de l'Espoir en Tunisie, il peut être fait dans le même temps qu’un lifting fessier qui consiste alors à traiter de la ptôse fessière ou le relâchement de la peau des fesses. Mais spécifiquement, le lipofilling fessier consiste à remplir les fesses de la patiente avec de la graisse extraite sur son propre corps. Cette technique ne présente pas comme ça peut être le cas avec la prothèse mammaire, un risque de rejet. Le lipofilling, l’acide hyaluronique, le botox, le laser, font partie des techniques spécifiques à la médecine esthétique telle qu’elle se fait à la Clinique de l'Espoir. Pour en savoir davantage sur ces techniques sollicitées par des patients qui pour certains redoutent les cicatrices de la chirurgie, ou qui veulent une suite opératoire moins contraignante, ce site décrit toutes les pratiques courantes tant de la médecine esthétique que de la chirurgie esthétique. Chacune d’elle ayant ses avantages et ses inconvénients. Parmi les inconvénients de la médecine esthétique, il pourra être reconnu par exemple, que certains de ses produits étant biodégradables, leurs effets ne sont donc pas définitifs ou à long terme. Ce site présente en outre, les chirurgiens capables de réaliser en Tunisie de telles interventions, aussi bien que les tarifs de ces interventions. http://www.i-chirurgie-estheti...

  34. Apple's response by tomhath · · Score: 1
    Apple's "Stamp little feet" response:

    Beyond the obvious targeting of Apple, the most profound and harmful effect of this ruling will be on investment and job creation in Europe. Using the Commission’s theory, every company in Ireland and across Europe is suddenly at risk of being subjected to taxes under laws that never existed.

    The EU's conundrum is that without the tax break there's no reason for Apple, Google, Amazon, Microsoft, etc. to have any European operations other than sales fullfillment. Do they really want to kiss those tens of thousands of jobs goodbye?

    1. Re:Apple's response by Anonymous Coward · · Score: 0

      Apple's just trying to spread FUD. Swinging the "all jobs will be gone" statement gets old. If they pay taxes and move out, other companies will easily sweep up the talent in Europe.

    2. Re:Apple's response by tomhath · · Score: 1

      Given the unemployment rate in the EU, I question who would sweep them up if the big guys leave.

  35. Update: it's a tad more by Anonymous Coward · · Score: 0

    Latest report I read, the number was put at 13 billion Euro's.
    That's a tad more than $1.1B, but still no problem for Apple, with their €200B cash wallet, the article said.

    Serves them right, for paying just 0.005% taxes on their 2014 profits.

    What's less right is that the Irish government gets to collect those €13B, instead of being punished themselves for making an illegal agreement with Apple (EU countries can't just decide to tax one company at rate 0.00X% and all others, including its competitors, at rate 5*X%).

  36. Re:We Americans should hit Apple with an European by bluefoxlucid · · Score: 1

    That's a moral standpoint with no useful impact.

    I designed a Universal Social Security plan which reduces the tax burden on Americans by over $1 TRILLION per year. This plan completely remediates the welfare system; establishes a stable minimum income, eliminating many risks in providing goods and services to lower-income markets (currently, their income is unstable and can go away quickly, incurring massive costs for landlords especially); and slows and thus spreads the reduction of jobs by technical progress (including globalization and automation), thus reducing the short-term economic threat of sudden rapid progress (the long-term impact is always an immense increase in standard-of-living; a sudden industrial revolution creates an economic train wreck, while a longer period of growth creates immediate prosperity).

    Money bound up in big bank accounts has almost no impact on the economy. Pulling it out and spending it in bulk, suddenly, causes a temporary stimulus, and largely creates inflation. This is because more money is put into play, but not more productivity; after you stop infusing huge piles of cash into the economy, there's no support for any new jobs created, except for what technical progress has occurred during the inflationary period of excess money creation (money idled and not spent is essentially removed; pouring it into the economy is essentially money creation, and differs from printing new money in that it doesn't then increase the fractional reserve basis and lead to more money creation by loaning).

    By contrast, a Universal Social Security (or other effective form of Universal Basic Income) increases the amount of take-home pay relative to cost dollars. That is to say: If an employer pays $10,000 to have an employee, then that employee's work is paid for by consumers of the product the employee makes. If the employee makes 10,000 units of said product per year, then $1 of that product's per-unit price represents the employee's pay. Out of this, the employee may take home only $6,000. UBIs such as the USS change the situation such that the employee takes home, for example, $8,000, while the employer still pays only $10,000.

    Obviously, such a situation means products don't face a cost increase (you still need $1 of revenue per unit to pay that guy's salary and benefits), yet consumers have more money to spend.

    Look back and think about the engineering involved there. Some changes to tax policy reduce the welfare burden by over $1 trillion per year, increasing the amount of take-home pay for all working Americans, lifting low-income households out of poverty, and ensuring even non-working Americans have income sufficient for a hard-bounded minimum (but low) standard of living. Businesses don't pay any additional costs, and particularly don't pay more costs as consequence of hiring an employee; and the employee takes home more dollars per dollar paid by the employer to employ them. That changes the stable set points of the system, increasing the consumer's spending power relative to the cost of production, thus increasing buying power.

    What's the engineering involved in grabbing a fistful of cash out of Apple? Hint: Apple's entire profits ($10 billion per year) would amount to $58.48/year more in every single American's paycheck; their entire cash savings is about $1,000 per working American (ONE time, not repeating). Total actual corporate profits in the United States are roughly 10% of all income--that's not small and not insignificant (it's 10%), and it's only unimportant because the economy is so much bigger than all that.

  37. Tax laws by phorm · · Score: 1

    Or, you know, the affected countries could remove the loopholes that allows this to occur. I agree that "all taxes should be paid where the revenue is generated", but that's a matter of law for the country in which the revenue is generated (including in the Americas). It's not as if this is an unknown issue, it's just that "campaign contributions" (and the fact that your politicians come from the same socio-economic class as these companies) keep the loopholes open.

  38. Re:We Americans should hit Apple with an European by swillden · · Score: 1

    what really happens is that Apple Ireland, which pays essentially zero taxes, claims sales volumes for markets outside of ireland, knowing that regulators cannot easily disprove that Apple Ireland is not just selling absurd numbers of apple products

    Not quite.

    Regulators can easily tell how much revenue was generated in a given country from sales in that country. But profit is the difference between revenue and cost, and it's easy for Apple to artificially inflate the costs of the various subsidiaries. It could do this by jacking up the price the subsidiaries pay for the products they sell, but the more common approach is to license IP, such as trademarks, for amounts of money chosen to ensure that the subsidiary makes no profit, or even generates a loss where that is advantageous.

    That way, the profits can be realized in a locale with low taxes, like Ireland. This does mean that all of the cash flows to those low-tax locations, and that it's then difficult to move it elsewhere (e.g. to the US) without getting a big chunk eaten up by the taxes in the destination country. This is the primary reason why the tech companies that use this Ireland scheme keep huge piles of cash (like Apple's $200B), rather than paying out dividends.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  39. 1.1billion?? Typo?? by Anonymous Coward · · Score: 0

    So in the UK all morning the news has been reporting it's 11 billion not 1.1 bil. Who's correct?

  40. Lower taxes = more opportunity by Anonymous Coward · · Score: 0

    "motivated by employment considerations". You mean that lower taxes means more jobs? Who wudda thunk?

  41. It's 13 billion Euro = USD 14.5 billion by KayakFun · · Score: 3, Informative

    And rightly so. Working people are paying betweeen 38 - 52 % income tax (in the Netherlands), and big companies like Apple, Starbucks, etc are paying almost no taxes (Apple paid 0.005% in Ireland) with all the money going to shareholders and massively overpaid CEOs. Some USA CEOs get more salary than small country's budget.

    It's stealing from the poor and giving to the already-rich. There are already concerns that this wealth-gap will result in riots and revolutions. This theft has to stop before it gets out of hand, your billions are no use if you have to employ a small army to protect yourself, your family, hell even your mother-in-law (ask Bernie Eclestone).

    All countries in the world will benefit from local taxes being paid, specifically 3rd world countries which are being robbed of their assets via bribed officials and cannot feed or employ their people. And if all these companies pay their taxes, taxes for the working class can come down. That's the Robin Hood way, taxing the rich and giving to the poor.

  42. Brexit by trevc · · Score: 1

    EU meddling in Irish affairs.

  43. I'm OK With This by Anonymous Coward · · Score: 0

    I'm actually OK with this. Let's be clear on how and why though.

    - this isn't some anti-Apple slam;
    - nor is it an anti-Ireland/Irish screed;
    - I'm not in a position to judge the merits of this particular decision by the EU.

    No, it's the policy question that concerns me. Do you notice that every 5 years (roughly), the governments in the developed world express "great concern" about companies and wealthy individuals, using tax havens? This "concern" lasts about 6 months or so and then disappears, with no results to show. It's enough to make one think that the "concern" is all for show.

    I happen to think that it's unfair that corporations and the wealthy can shield their wealth from taxation. Where's my tax haven? Why aren't the wealthy paying their share? I'm pretty sure that if I engaged in these tax shenanigans, I'd be dumped on big time by the tax man. And you know that our taxes are higher than they would be (or the services lower than they would be) if the wealthy were paying their share. It's a fundamental question of fairness IMO.

    I think it's a complete distraction how people, and in particular the wealthy seeking tax shelter, complain about the tax code or rates at home. Let's be frank. They don't care what the tax rates are; they just want to pay less tax. Zero tax if possible. And in many cases they make that happen, by means fair or foul.

    Corporations and wealthy individuals benefit big time from the social conditions our taxes purchase. They need to help pay for those societal benefits. I'm already doing that and it pisses me off that the wealthy do not.

    I'm fully aware that large scale international tax reform is a complicated business. There are tax jurisdictions that are playing a stalling game and don't want the system to change. However this international tax game is rigged against ordinary citizens and it must stop. If Apple and Ireland are to be the index case in getting it to stop, so be it. It has to start somewhere and Apple/Ireland are as good a place as any.