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Apple CEO Tim Cook on EU Apple Tax Case: 'Total Political Crap' (arstechnica.com)

Earlier this week, Apple was ordered to pay a record sum of 13 billion euros plus interest after the EU said Ireland illegally slashed the iPhone make's tax bill. At the time, Tim Cook found the accusations "baseless." In a new interview, he had more things to say:A war of words has erupted between Europe's competition chief and Apple CEO Tim Cook after Ireland was ordered to reclaim $14.5 billion in back taxes from the company. Cook, in an interview with the Irish Independent, labelled Brussels' competition chief Margrethe Vestager's decision as "total political crap." He claimed Ireland was being "picked on" and that he hoped to see the Irish government launch an appeal against the ruling. Vestager refuted that claim when quizzed by reporters on Thursday. "This is a decision based on the facts of the case. The figures that we used in our decision are the figures that we got from Apple themselves," she said. "There are very, very few figures in the public domain. More transparency would be a good thing, for example, a country by country reporting. If it was up to me, the non-confidential version of the decision would have been published yesterday, because that is another way of enabling everyone to see what we have decided and on what basis we have made this decision. Right now the ball is in the hands of Apple and Ireland."

60 of 410 comments (clear)

  1. Oh yeah? Then what are you gonna do about it? by Anonymous Coward · · Score: 4, Insightful

    It's "political crap" because it's something you don't agree with. Law of the land, buddy.

    1. Re:Oh yeah? Then what are you gonna do about it? by thaylin · · Score: 5, Insightful

      The deal was illegal, it was not retroactive, since the deal could not legally exist. Sign into a contract that is not legal and see if the law allows it to be binding.

      --
      When you cant win, ad hominem.
    2. Re:Oh yeah? Then what are you gonna do about it? by TechyImmigrant · · Score: 5, Insightful

      Law of the land, buddy.

      More like "we have (retroactively) changed the terms of the deal. Pray we do not change it further... buddy". Which is why this is political crap.

      By all means, adjust the law such that Apple pays more going forward. But this is nothing but ex post facto laws, and those are utter bullshit.

      This is the EU saying to Ireland "Your law violates European law - fix it". This is correct. What is sketchy is the retrospective nature of the "and grab a few billion from Apple while you're fixing it". Ireland did close the double-Irish-with-a-dutch-sandwich loophole, but allows existing users of the scheme to carry on until 2020. So that is certainly favouring some businesses over others with different laws for some. This is clearly a violation of European competition law.

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    3. Re:Oh yeah? Then what are you gonna do about it? by Rakshasa+Taisab · · Score: 5, Insightful

      Does this 'no retroactive fines' work for me too when I cheat on taxes?

      --
      - These characters were randomly selected.
    4. Re:Oh yeah? Then what are you gonna do about it? by Holi · · Score: 3, Informative

      Except the money would go to Ireland not the EU, so in what way does the EU benefit other then to force a member nation to fall in line with the rules they agreed to. This rule has been in place since before the EU, it was a carry over rule from the days of the EEC.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    5. Re:Oh yeah? Then what are you gonna do about it? by Holi · · Score: 3, Insightful

      Insulting people? Well since you are wrong it may be your only option.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    6. Re:Oh yeah? Then what are you gonna do about it? by dabadab · · Score: 2

      What is sketchy is the retrospective nature of the "and grab a few billion from Apple while you're fixing it".

      Not really, it goes all according to the rules. When you are cheating with your taxes, does the Tax Office just say that you should not cheat any more or will it demand all the money you should have paid? Of course the latter.
      And as such, there's also a time limit, in this case 10 years (it goes back to 2003 as the 10 years begins from the start of the investigation, 2013) so although there was some shady business going on between Ireland and Apple since 1991, not all of the unpaid taxes have to be paid.

      --
      Real life is overrated.
    7. Re:Oh yeah? Then what are you gonna do about it? by Solandri · · Score: 2

      If you cheat on your taxes, then yeah you'd be subject to fines for past tax evasion. But if you followed the letter of the tax law at the time, and some time later the government decided the law was wrong and changed it, then no you wouldn't be subject to retroactive fines. At least in countries which prohibit ex post facto laws.

    8. Re:Oh yeah? Then what are you gonna do about it? by nuckfuts · · Score: 4, Insightful

      ...in what way does the EU benefit other then to force a member nation to fall in line with the rules they agreed to.

      If one EU country lures foreign investment by offering illegal tax breaks, they undermine the ability of other countries to attract investment. The benefit to the EU of enforcing the rules is that EU members get a level playing field.

    9. Re:Oh yeah? Then what are you gonna do about it? by Perky_Goth · · Score: 2

      they can kiss the trans atlantic partnership good bye, and possible face other trade sanctions

      As a european, I'm all for it.

    10. Re:Oh yeah? Then what are you gonna do about it? by Grishnakh · · Score: 3, Insightful

      I don't think this is correct.

      Suppose you have to go through a routine IRS audit (you're a business or something so this isn't unusual), and you somehow convince your local IRS representative/auditor to give you a giant break on taxes. The main IRS later finds out about this auditor's actions, deems them illegal, and now wants you to pay your back taxes. Sorry, I don't see a problem with that.

    11. Re:Oh yeah? Then what are you gonna do about it? by Darinbob · · Score: 2

      The issue for me is that it's retroactive change in the tax. Never mind having a high tax rate or low tax rate, just don't go and change the tax agreements and rates after the taxes have already been paid. Who's going to want to put a business in Europe when it's uncertain how much the taxes will be; are they supposed to put 10-20% of their income into escrow just in case the tax rates change retroactively?

      If EU wants to change Ireland's tax rates then it should do so for future taxes only instead of trying to claw back money that has already passed them by.

    12. Re:Oh yeah? Then what are you gonna do about it? by misnohmer · · Score: 2

      I don't think this is correct.

      Suppose you have to go through a routine IRS audit (you're a business or something so this isn't unusual), and you somehow convince your local IRS representative/auditor to give you a giant break on taxes. The main IRS later finds out about this auditor's actions, deems them illegal, and now wants you to pay your back taxes. Sorry, I don't see a problem with that.

      Uhmm... hold on a second here. If it's the local IRS office that closes the deal with you, even if they break the rules, they are the ones breaking rules, not you. Why should you be on the hook for that? If you buy a service from some company for a price they agree on, then their parent company decides you need to pay 10X the price, do you legally now owe that? It sounds like what you're saying is that all deals have to be always approved by the top of the chain. I wonder if the IRS would accept someone telling them "sorry, I am not paying you a penny until my taxes are checked and approved by president Obama".

    13. Re:Oh yeah? Then what are you gonna do about it? by Immerman · · Score: 2, Informative

      But not the *highest* government. That would be the EU, whose laws supercede the member countries. If Apple signed a deal with the government of California that was illegal according to federal law, you can bet they' be getting similar grief.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    14. Re:Oh yeah? Then what are you gonna do about it? by mrbester · · Score: 2

      "What we should do is tell the EU that if they don't drop the matter immediately they can kiss the trans atlantic partnership good bye"

      Fine by me. Don't let the door hit your arse on the way out.

      --
      "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
    15. Re:Oh yeah? Then what are you gonna do about it? by Ungrounded+Lightning · · Score: 5, Informative

      A better analogy would be the US retroactively eliminating deductions (standard or itemized) retroactively and asking you for back taxes and interest.

      The US already did something like that, several times:

      * In August 1993, President Clinton signed a law raising tax rates on high-income earners and estates. The new rates applied back to the beginning of 1993, and although disgruntled taxpayers went to federal court seeking to have the retroactive application of the rules invalidated, those arguments proved fruitless.

      * In 1987, Congress passed laws retroactively repealing an estate-tax provision, a repeal which cost one taxpayer $2.5 million. The Supreme Court ruled that taxpayers have no right to rely on tax legislation being permanent, with the majority arguing that as long as lawmakers act with "a legitimate legislative purpose," retroactive application is constitutional. Even though one Supreme Court justice argued that the government had used "bait and switch taxation," he nevertheless concurred with the unanimous holding of the Court.

      * A 1976 tax-law change affected homeowners' ability to shelter capital gains from the sale of a home from taxation. One homeowner took advantage of rules that allowed half of all gains to be free of tax, but six months later, President Ford signed a law retroactively limiting the taxable amount. Just as it did more than a decade later, the Supreme Court upheld the law as being constitutional.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    16. Re:Oh yeah? Then what are you gonna do about it? by losfromla · · Score: 2

      I'm a free agent, but if you want to hire me, I am willing to consider offers.
      There is no reason why a company should feel compelled to help a government agency do its job. The FBI gets paid to investigate shit, let em.
      The terrorist hasn't paid me, thus I am not his spokesperson.
      The problem I have with your troll is that it is an attempt to frame the argument on your terms. That cannot be allowed, this is about freedom (what little we have left) and government overreach. Your attempts at framing by appealing to scare tactics cannot be allowed to go unchallenged. Now you have also gone for the "you're either with us or against us", nice way to trot out that Bush (chimp) classic. That was bullshit then and it is bullshit now. The world isn't black and white, it is shades of gray, only alcoholics and other brain damaged people see the world in such a binary way.

      --
      Only I can judge you.
    17. Re:Oh yeah? Then what are you gonna do about it? by david_thornley · · Score: 3, Insightful

      Except this was all legal according to Ireland.

      It was all legal according to some authorities in Ireland. The EU is saying that these authorities didn't have the authority to make the deal they did, and hence the deal is illegal, and Apple must pay the legally determined taxes. The EU is saying that Apple was wrong about the taxes it owed, and so were the Irish authorities they dealt with.

      Suppose California had tax rules that turned out to be unconstitutional, or in conflict with legitimate Federal law, and you got a reduced rate because of those rules. When things shook out, you'd owe your legal taxes, not the taxes assessed through a scheme that turned out to be illegal.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    18. Re:Oh yeah? Then what are you gonna do about it? by AthanasiusKircher · · Score: 2

      Uhmm... hold on a second here. If it's the local IRS office that closes the deal with you, even if they break the rules, they are the ones breaking rules, not you.

      Huh? You're the one who didn't pay taxes. The IRS agent may have been ignorant or even knowingly exceeded his authority (and may be duly punished), but that doesn't exempt you from your duty under the law.

      If the mayor of your town says, "Hey -- murder's okay on Thursdays, so go ahead and kill those annoying deliquents down the road if you like today," I don't think you can get off a murder charge by saying, "But the mayor told me so! He broke the rules, not me!" Perhaps the mayor could be charged with something too, but you did in fact murder people.

      Why should you be on the hook for that? If you buy a service from some company for a price they agree on, then their parent company decides you need to pay 10X the price, do you legally now owe that?

      Business sales policies are not laws. However, there are laws which govern sales contracts. If your local company sells you a product under an illegal sales contract, the parent company could very well have it nullified in court. In case you didn't get it here -- the governing authority here is the LAW, not any particular person or entity.

    19. Re:Oh yeah? Then what are you gonna do about it? by jrumney · · Score: 2

      It's called corruption. Doesn't matter if its your local auditor you convinced to give you a special deal, or negotiated with a Government, corruption is wrong and distorts the market, and it is right to punish it (though in this case, it is hardly punishment, they are just undoing the result of the corruption and letting Apple continue on as if it never happened).

    20. Re:Oh yeah? Then what are you gonna do about it? by Plus1Entropy · · Score: 2

      Member states of the EU voluntarily gave up their sovereignty when they joined. You are free to join, and free to leave, but while you're a member, you follow the rules.

      Also, there is precedent for a Union of States where you can freely join but are not allowed to leave...

      --
      Only crack the nuts that crack. You don't put the ones that don't crack in the sack.
  2. Pay taxes? Seriously? But...we're leftists! by Anonymous Coward · · Score: 2, Insightful

    Wait, I thought that liberals like Cook were all for gouging those eeebil corporations and making them pay their fair share? If he was being consistent, he'd be happy to pay and then ask, "thank you sir, may I have another?"

  3. We Have To Pay Taxes? by BrendaEM · · Score: 3, Insightful

    I don't understand. I just thought we did business in various countries around the world, and didn't pay taxes. People,people are supposed to pay all the taxes.

    : P

    --
    https://www.youtube.com/c/BrendaEM
  4. A Tax Expert Takes Tim Cook's EU Letter Apart... by Anonymous Coward · · Score: 5, Interesting
  5. Total Political Crap by frank_adrian314159 · · Score: 4, Insightful

    Translation: Waaaahhhh!

    --
    That is all.
  6. Re:Put up or shut up by Anonymous Coward · · Score: 5, Informative

    I agree they should pay, but actually it doesn't matter if Apple has obeyed the law, because this case is not about Apple's compliance with law. It's about Apple _and_ Ireland.

    Ireland could have given Apple a sweetheart deal that was better than any other Irish business was offered, and that could be (dubiously) seen to be in compliance with the Irish tax code (see for example how much Google had to repay in the UK; far less than they should have). Apple could be paying Ireland all that Ireland asked for (which is, apparently, sweet Fanny Adams).

    The point here is that the EU is punishing _Ireland_ for giving Apple that deal, and requiring Ireland to make Apple pay back taxes.

    Why? Because what Ireland did in making this offer is deemed to be unfair competition in Europe -- among other states. In essence, the EU is meant to be a level playing field, and Ireland gave Apple a truly tiny tax bill in a way that distorts fairness within the EU.

    So it's political but it is not crap; it's about Ireland meeting their obligations to the EU.

    Ireland should claim the money, Apple should pay.

    It's a tiny amount of money compared to what Apple makes, and if they are so concerned about fairness, they should take their money home to the USA. But oh no, they want a tax holiday. Which totally explains the deal they struck with Ireland; they are waiting for a tax holiday in the USA and don't want to pay any taxes elsewhere.

    CAPTCHA: clubroom. (I swear there's a sarcastic AI at work)

  7. Re:Put up or shut up by MightyMartian · · Score: 3, Insightful

    It isn't about whether Apple followed the law or not, it's about the fact that Ireland had no right, by the terms of its international agreements with the EU and as part of its obligations as a member of the Common Market, to negotiate this special deals with Apple, Microsoft and the rest.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  8. Cry me a river by JonnyCalcutta · · Score: 5, Informative

    It is illegal in the EU to provide state aid to entice companies to setup in one country over another. It has been this way since EU year dot, to create a level playing field. It is pretty much the point of the EU. If you don't like it, don't join the EU.

    If Apple funnel all their EU profits through Ireland without paying tax in the country of sale, but only pay tax on sales made in Ireland (because Ireland conveniently ignore the rest), then that is state aid. Ireland know this. If Apple didn't know this they should sack their lawyers.

    All the rest is PR and bluster.

    1. Re:Cry me a river by ljw1004 · · Score: 3, Informative

      If Apple didn't know this they should sack their lawyers.

      Right. That's the thing that gets me. Folks say that "Apple was just following the tax laws" -- or more accurately, that Apple's highly paid team of tax lawyers had figured out detailed and sophisticated ways to leverage the precise letter of the law to their advantage. Except apparently they hadn't researched the precise letter of the law carefully enough.

      Ireland had on its books one set of laws which resulted in favorable tax regime for Apple. Meanwhile the same books have another set of laws relating to EU harmonization, which supersede the first, which didn't result in favorable tax regime for Apple:

      https://en.wikipedia.org/wiki/...
      The European Communities Act 1972, as amended, provides that treaties of the European Union are part of Irish law, along with directly effective measures adopted under those treaties.

      Did Apple's tax lawyers simply not know about the EU treaties applicable to their tax liabilities? Did they not know that the favorable tax regimes they planned together with Ireland were in violation of the EU treaties? Or did they know about them, keep mum, and let the Irish government (hopefully not also taxpayer) take the blame if ever they got found out?

    2. Re:Cry me a river by Richard_at_work · · Score: 4, Informative

      The other problem with Apples position is that they didnt just follow Irish tax law, they negotiated with the Irish government over their tax affairs - they are completely complicit in this.

  9. Crap? by whitroth · · Score: 5, Interesting

    Sounds like both Cook and Apple. They're on overpriced commodity hardware, and playing international games to avoid paying local taxes.

    From the US IRS website:
          1972: 16.67% of the federal revenue stream from individual income taxes, 25% from corporate taxes
          Now: 44+% from income taxes, and 10+% from corporate taxes.

    We pay more, so he doesn't have to. Let's go back to the 1972 tax structure, and see how you like *that*, Cook - you'd be in the 72% tax bracket....

                mark

    1. Re:Crap? by tendrousbeastie · · Score: 4, Insightful

      It's all just taxes on people in the end. Corporations aren't real things, they're abstract - they're just groups of people organised together to do a task.

      Corporation taxes are paid as a proportion of profits (incomes minus costs) - if they go up then there are less profits, which someone has to pay for: generally it will be paid for by some combination of:

      - Workers, through lower wages
      - Shareholders, through lower dividends (and by association, lower stock prices)
      - Consumers, through higher prices
      - Less investment in the business, and hence the productivity of the staff, since the lower profits lead to lower retained earnings

      It may be that you are happy with at least one of these groups paying more (I would guess most are happy with shareholders paying more) but my point is that a corporation doesn't pay anything because it doesn't exist, only people exist and only they pay.

  10. Picked on? by The+Grim+Reefer · · Score: 3, Funny

    He claimed Ireland was being "picked on" and that he hoped to see the Irish government launch an appeal against the ruling.

    I'm sure Ireland will stand up for their rights and not be forced to accept this kind of treatment. It's appalling. I sure would if someone would "pick on" me by ordering a foreign company to pay me 15 billion euros. I mean really, who would put up with that kind of treatment? What's wrong with Europeans, this isn't the dark ages, you can't treat people like that.

  11. Re:Put up or shut up by MightyMartian · · Score: 2, Informative

    They are being forced to collect what should have been collected. And Apple is being forced to pay what they should have paid. The deal should never have been made, it violated the Common Market rules that Ireland has been party to for decades.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  12. Re: So... *IRELAND* did something illegal... by Anonymous Coward · · Score: 5, Insightful

    Apple is not being punished, they are being required to pay back taxes they avoided because of an agreement deemed non legal.

  13. No sympathy for Apple by sjbe · · Score: 5, Insightful

    This is the EU saying to Ireland "Your law violates European law - fix it". This is correct. What is sketchy is the retrospective nature of the "and grab a few billion from Apple while you're fixing it"

    I disagree that it is sketchy at all. Apple is going through all kinds of contortions to avoid paying any taxes. This is in clear violation of the spirit of the law and apparently the EU believes it is in violation of the letter of the law as well. Apple enjoys the benefits of public services from the taxes paid but isn't willing to pay their fair share. I have ZERO sympathy for Apple here. They shouldn't be entitled to any tax breaks not available to individuals or small enterprises. Furthermore if what they did was illegal then there is no retrospective anything. It means that Apple rightfully owes money it hasn't paid.

    1. Re:No sympathy for Apple by fluffernutter · · Score: 3, Insightful

      Maybe Apple thinks everyone pays 0.0005% tax.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    2. Re:No sympathy for Apple by fluffernutter · · Score: 2

      Because if they don't pay tax then money is not moving, and economies rely on the flow of money to be healthy. Technology companies have so much cash hoarded that it is making world economies more difficult for everyone else.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    3. Re:No sympathy for Apple by alexhs · · Score: 3, Informative

      Yes, but would the EU have done this to one of their own companies?

      Did you check?

      Obviously not.

      Obviously not.

      Translation: "I am a a bigot, and you won't ever catch me educating myself."

      Previous record was against EDF (French utility company).
      FIAT (Italian automobile manufacturer) also had to pay back taxes because of that European rule.

      --
      I have discovered a truly marvelous proof of killer sig, which this margin is too narrow to contain.
    4. Re:No sympathy for Apple by Thiez · · Score: 3, Insightful

      Yes, but would the EU have done this to one of their own companies? Obviously not. They just want to stick it to the foreigners - especially Americans. It's a big "fuck you" straight from the EU.

      Surely Apple isn't an American company! It's head office is in Ireland, and almost all of its profits are made there.

    5. Re:No sympathy for Apple by david_thornley · · Score: 3, Insightful

      Wrong. Corporations pay taxes, and they come off profits. Corporate income taxes do not affect employees (their pay is deductible as a business expense), and don't affect customers (since the optimal price to maximize profit is the same whether or not there's income taxes). The result is less profit, which does affect investors and pretty much no one else.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  14. Re:Put up or shut up by GNious · · Score: 2

    But until Apple provides concrete evidence

    Guilty until proven innocent.

    The EC found that the special agreement between Ireland and Apple was illegal - the guilty part is basically proven.

  15. Re:Put up or shut up by aardvarkjoe · · Score: 2, Interesting

    The point here is that the EU is punishing _Ireland_ for giving Apple that deal, and requiring Ireland to make Apple pay back taxes.

    It requires some real mental contortions to paint grabbing 13 billion Euros from Apple as punishing Ireland. Ireland got what they wanted out of the deal already -- more tax revenue and jobs than they would have had otherwise. This is obviously an attempt to punish Apple.

    --

    How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
  16. Re:Progressives don;t like to pay fair share? by GNious · · Score: 2

    So, that's Ireland's fault, not Apple's.

    And Apple, having had access to the relevant papers, would full-well know that special tax-agreements like these have been illegal inside the Common Market, and before that in the EEC, for decades.
    They aren't innocent bystanders here, there's not really a basis for declaring themselves ignorant of facts.

  17. Re:Put up or shut up by bluefoxlucid · · Score: 2

    That "other motivation" would be recent public outcry about a sense of fairness. Legality is one thing; and the other is timeliness: this is happening *now* because the EU cares *now*, and the EU cares now because of a global political dialogue about economics that keeps going from "look how many poor people" to "OMG THE 1% AND BUSINESSES!"

    This kind of thing is interesting to me because it doesn't actually help anything, or at least it doesn't in my part of the world (the United States). Over here, business income (as profits) is legitimately like 10% of the total taxable income; and solutions to our social-economic problems don't demand taxing the rich or businesses more than current.

    I've been proposing expanding the Social Security system from a retirement and disability benefit to a Universal Social Security as a form of Universal Basic Income. This is funded by a flat income tax (separate from the progressive income tax which provides the general fund), and comes out to a trillion dollars cheaper than modern welfare by way of assuming money moved to low-income households is a tax--that is to say: I targeted a monetary benefit for the bottom 30%-ish of households, and computed the amount of money that would flow toward them as the cost.

    It's kind of hand-waving because it's comparing the current system to a new system, and the new system can be said to be both more-expensive (because some money is still moving from the top to the middle-class) and less-expensive (because *all* of that money goes back into the hands of consumers). Essentially, I created a system that's not a direct analogue to our current system, and causes an increase of spendable income at every income level; the "reduced tax burden" is $1 trillion, and the "money going to households above and beyond their actual income" is the rest. Trying to explain that in terms of costs is... a matter of presentation; the only correct comparison is a full description of each system, not a measure of how much each costs.

    Anyway, the long and short of it is Apple's yearly profits (about $10 billion) amount to $58.48 per worker per YEAR, or $82.62 per household per year. The total judgment here is less than $10/month per household, in one big shot. Apple's total holdings, if dumped onto America all at once, leaving them bankrupt, could give everyone about $1,400. One time. Not useful, is it?

    Taking 100% of all business profits would destabilize businesses (they'd fail all risk events--loss and opportunity, i.e. no cash on hand with which to cover a bad year, nor to grow) and provide about 10% of all income to be spent somehow. In contrast, my Universal Social Security system reduces business taxes slightly (that was unintentional; I just don't mess with it), reduces middle- and lower-class taxes dramatically, reduces payroll taxes, and puts a large amount of money into the hands of low- and no-income individuals and households. The funding source there is 17%, rather than 10%, of all income; and the practical displacement is around 7%. That puts, currently, $7,000 into the hands of the poorest of poor, per adult; for a 2-adult household it's like $14,000.

    I get pushback on this type of plan for reasons including, but not limited to, that I don't tax the super-rich above 40%, that I don't increase business taxes, and that I don't increase wages (as if increasing wages is a thing; but that's a whole different economics argument). That's political: those are complaints about fairness and sentiment, rather than effectiveness. That's a particular hot topic now, which is why 15 years of Apple and Microsoft and Google reign went unchecked until, suddenly, "OMG TAXES, PAY YOUR FAIR SHARE!" If people hadn't turned "pay their fair share" and "the 1%" into a media sensation, this EU court case wouldn't exist; that's getting close to the definition of a kangaroo court, excepting that this case ostensibly has some actual validity.

  18. iPhone: Proudly Designed in California by Comboman · · Score: 3, Interesting
    Built in China (to avoid labor and environmental laws)

    Headquartered in Ireland (to avoid tax laws)

    Since more and more countries are closing those loopholes, I hear rumors they're building a giant ship to move their entire operation to the lawless libertarian paradise of international waters; manufacturing slaves on the lower decks, one percenters soaking up the sun on the upper decks.

    --
    Support Right To Repair Legislation.
  19. Taxation and proportional weighting by fyngyrz · · Score: 2

    It's probably more than the company you work for made last year.

    If a man with five dollars gives a dollar to a starving man, he's being generous.

    If a man with a billion dollars gives a dollar to a starving man, he's being a dick.

    Point being, Apple's taxes should be proportional to what they make, rather than measured in "more than your company made" dollars.

    --
    I've fallen off your lawn, and I can't get up.
  20. Re:Get ready... by BlueStrat · · Score: 4, Insightful

    For Irexit.

    Seeing as how Apple is involved that would make it:

    iRexit

    But seriously, this fight should be between the EU and Ireland. Apple did not write Irish tax laws.

    This would be like a landlord who underpays taxes because he foolishly agreed to rent his property at too low a price and the IRS, instead of keeping the issue between the landlord and the IRS, goes after the tenant for rent the IRS thinks the tenant should have paid to the landlord in order for the landlord to meet the his tax obligation. Or the IRS going after Walmart customers who "didn't pay enough for their purchases" for Walmart to pay all their taxes.

    Cook is spot-on. It's political crap from a collapsing union in decline, sinking under the weight of an overbearing collectivist bureaucracy, entitlements, and Newspeak PC political/ideological horseshit.

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  21. Apple does not pay their fair share by sjbe · · Score: 4, Insightful

    Apple paid about $7,000,000,000 in taxes to the US govt last year.

    That isn't the real number. In 2011 the tax on their GAAP statements was $6.9B but the amount the actually sent to the IRS was less than half of that. Taxes are done on a cash basis, not accrual basis so you have to look deeper than their financial statements. Apple pays in some cases single digit percentages of their profits.

    Is that a fair enough share for you?

    Considering that the amount they paid as a percentage is FAR less than what many other companies pay and less than the percent I pay the answer is a clear NO. Furthermore they pay a lot of tax because they are absurdly profitable. Complaining about having such good fortune is absurd.

    Do you try to minimize your tax burden?

    Don't pretend that Apple's situation and my personal tax situation are remotely comparable. I pay a FAR higher tax rate than Apple does. Furthermore Apple gets to play all sorts of games playing jurisdictions off against each other which isn't something you or I get to do. It's not fair, it's not right, and it's not ethical. Evidently the EU agrees that it isn't legal either. Perhaps Apple shouldn't be entitled to hire people from public schools and universities or get protection from police or fire. After all they seem to think that we should have to pay for those things on their behalf so they can make even more billions than they already are. When is enough money enough?

    Do you take any deductions? Are others not allowed to because they made more money?

    Spare me. When Apple pays as much of their profits in taxes as I do on my income then you might have an argument. As it stands it's not even a discussion.

  22. Work to change the laws if they are unfair by sjbe · · Score: 4, Interesting

    Are you one of those that think that Spirit of the Law only applies when you agree with the law, and doesn't apply when you don't.

    I don't have a problem with anyone engaging in conscientious objection to what they think is an unfair law. However there are usually consequences for doing that. If Apple thinks the laws are unfair then they should be actively working to get them changed to something that is fair. As it stands they are just trying to weasel out of paying a reasonable portion of their Scrooge McDuck horde of cash. There is no ethical stance being taken here, just pure greed and opportunity.

    How do you feel about Hillary skirting the applicable laws regarding Security of Secrets?

    I think she should be subject to the same laws as everyone else. Similarly Apple appears to think because they are able to find some clever loopholes because of their power and size that the laws shouldn't apply to them. I disagree.

    How about Immigration law?

    What about it? If someone comes here illegally and gets caught they should expect to get deported. I don't have a problem with that. They rolled the dice when they came here. However since at some point almost all the people who are here in the US had many relatives who came here without the permission of any government or were brought here against their will I'm not bent out of shape about some people coming here for economic opportunity. Do you speak fluent Cherokee? Didn't think so. How do you like those cheap groceries? Are you insisting on paying for only legal labor (read white people) or are you a hypocrite? You should worry about illegal immigration if the people STOP wanting to come to your country. I think the immigration laws in my country are idiotic and hugely racist but they are what they are until sanity hopefully prevails one day.

    1. Re:Work to change the laws if they are unfair by Killall+-9+Bash · · Score: 2

      - the law is theft and the entire system is built around that theft. AFAIC Apple shouldn't pay a cent and instead hire a private army to go after every single politician involved in this racketeering and I mean to go with full force of every shady tool available to people when that sort of money is involved, up to and including blackmail, kidnapping, extermination and regime change.

      Tax is theft?

      Good luck finding a shoulder to cry on when John Galt quintuples the price of electricity because he can.

      --
      "Prediction: within 10 years, Windows will be a Linux distribution." Me, 7-6-2016
    2. Re: Work to change the laws if they are unfair by Hognoxious · · Score: 2

      His "real" userid is roman_mir. He only uses the other one when his karma's so far down the shitter he gets blocked from posting.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  23. Law Constant: Had to know this was dodgy by Roger+W+Moore · · Score: 5, Insightful

    If you cheat on your taxes, then yeah you'd be subject to fines for past tax evasion. But if you followed the letter of the tax law at the time, and some time later the government decided the law was wrong and changed it, then no you wouldn't be subject to retroactive fines.

    ...but that is not what happened. Eu law has remained the same. Ireland refused to follow that law and as a result Apple has lots of back taxes owing. I would have had a lot more sympathy for Apple if they had been paying a reasonable rate of tax and the EU had come along and said sorry it should have been 12% instead of 10%. However they were paying something like 0.05% (IIRC the Guardian). Sorry but when you are paying such an insanely tiny tax rate you have to know that you are doing something dodgy. Just because it took the EU some time to figure this out does not mean that you should get off scot free.

  24. Re:Put up or shut up by SvnLyrBrto · · Score: 2, Interesting

    You're missing the point. Ireland doesn't WANT the taxes. Ireland is perfectly happy with what they have. Ireland doesn't think Apple owes them anything beyond what they've already paid.

    Tim Cook is completely right. This is nothing more than a spiteful political attack, coming from the "un-cool tech nerds are destroying culture" narrative in general, and bias against US tech companies in the EU in general. And don't think it will stop at Apple. France has been on the warpath against Google for a few years now. Germany has its sights set on Facebook. The UK slammed Amazon a few years back.

    --
    Imagine all the people...
  25. Re:Put up or shut up by Crashmarik · · Score: 4, Insightful

    You're missing the point. Of course Ireland doesn't want to screw up it's relationship with Apple. Yes Apple and Ireland are happy with the relationship, much the way the way a crook and a fence are happy with their relationship. Ireland is selling tax obligations at a steep discount to Apple for "other valuable considerations" the EU a part owner of those obligations has been sliced out of the deal and is now crying foul.

  26. Re:Progressives don;t like to pay fair share? by NicknameUnavailable · · Score: 2

    Apple paid about $7,000,000,000 in taxes to the US govt last year.

    Is that a fair enough share for you?

    Lets see...

    • Last year Apple made $234 billion in revenue and is based in the US.
    • Federal tax rates are 35% for anything exceeding $335,000 per year.
    • In addition, Apple is based in California, with a business tax rate of 8.84%.
    • If Apple were held to the same standards as smaller corporations their taxes due in 2015 would have been $102.5 billion in the US alone.
    • $7 billion is much less than $102.5 billion - in fact they only paid 6.8% of the taxes they should have paid in the US if held to the same standards as the little guys.

    So no, they have not remotely paid their fare share and to top it off they outsource a good chunk of their production. Face it, if Apple "paid their fair share" they wouldn't exist, they piss away too much money on social causes aimed at crushing competition. The fact one of those causes finally came back to bite them in the ass is hysterical, if not for the fact it still fucks over the smaller corporations who aren't filled with incompetent evil globalists.

  27. Remember when Apple were the good guys? by Anonymous Coward · · Score: 2, Insightful

    Old whathisname was running it... What was his name? Steve something...

    Anyway, they were such a cool company then. They came out with life-changing products, they elevated design aesthetics for the industry as a whole, and they didn't get into all of the political crap that old Tim Cook's version of the company does.

    Between spending company cash and time trying to promote his political beliefs, putting out lackluster products that stagnate in the market, and now getting caught flipping the bird to Europe over getting caught avoiding tax laws, Apple's not looking too good these days.

    A couple more years like this and Apple might even take the bold step of letting 3rd party manufacturers build their products, and then slapping an Apple logo on it (Remember those awesome Mac knockoff's before Jobs stepped back in?)

    Tim should step down... He doesn't have the skills nor the demeanor to run this company.

    Whoops! Forgot his latest brilliant idea: Remove the headphone jack and make consumers replace all of their perfectly good working equipment again.

    Wasn't Apple into recycling heavily also? Wonder how much plastic and metal will end up in the landfills due to this latest genius move...

  28. A Tax Expert Takes Tim Cook's EU Letter Apart by eddy · · Score: 2

    To get the other side of the argument I went to Matt Gardner, the director of the Institute on Taxation and Economic Policy (the research umbrella for Citizens for Tax Justice). The CTJ is nonpartisan and nonprofit, and it's funded by some of the same foundations that fund NPR. As it turns out, Gardner energetically disagrees with many of the statements in Cook's letter. Here are his responses to Cook's main points.

    A Tax Expert Takes Tim Cook's EU Letter Apart Point By Point

    --
    Belief is the currency of delusion.
  29. Re:Get ready... by vinlud · · Score: 2

    Really not sure how you got upvoted for brownnosing Tim Crook.

    Your analogy is completely wrong as well. This would be more like a tenant who has made a special 'deal' with his landlord to pay a double figure rent while everyone around him in the same building is paying thee digit rents.

    Then the Housing committee drops by and declares the arrangement illegal.

    Nothing wrong with that, its called obeying the legal system.

    The last line about political crap and collectivist bureaucracy is just hilarious ^^

    --
    Repeat after me: We are all individuals
  30. Taxes are not theft by sjbe · · Score: 4, Informative

    - the law is theft and the entire system is built around that theft.

    Oh fuck off with that stupid argument. Tax is not theft and never was. The argument doesn't stand up to the most cursory scrutiny. The very fact that you have roads and an education and healthcare and police protection and the internet and first responders and clean water and postal service and safe drugs and military protection and plenty more is because of taxes. Without a civil society and people paying taxes to fund things we all benefit from none of that stuff exists. The fact that you can post your witless argument is because of those taxes you are so bent out of shape over.

    AFAIC Apple shouldn't pay a cent and instead hire a private army to go after every single politician involved in this racketeering and I mean to go with full force of every shady tool available to people when that sort of money is involved, up to and including blackmail, kidnapping, extermination and regime change.

    Either you are a troll or a raving lunatic with no concept of reality. I hope it's the former but I'm pretty sure it's the later.