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'It's Tricky': Apple Misses the Deadline To Pay $13.9 Bn To Ireland in Illegal Tax Benefit (cnbc.com)

Apple has not fully paid the 13 billion euros ($13.9 billion) it owes to Ireland in illegal tax benefits even though the deadline has passed, the European Union's competition said on Tuesday. From a report: "Well the recovery is not done yet but we have been working with the Irish authorizes and we can see that they are moving forward to do the recovery of the unpaid taxes," EU Competition Commissioner Margrethe Vestager said during a press conference in response to a question by CNBC. "It's a tricky thing to do because it's a large sum so of course you have to figure out how to do that. It's not as an escrow account in some of the other cases where it might be 25 or 30 million euros ... and therefore I do respect that it's a complicated matter and it may take a little more time. Last year, the Commission ruled that Ireland must recover 13 billion euros in "illegal tax benefits" from Apple. It found that the U.S. technology giant paid an effective tax rate of 0.005 percent in Ireland in 2014.

31 of 174 comments (clear)

  1. Cant pay by rainmouse · · Score: 5, Insightful

    Hard to free up cash when all your money is hidden in holding companies, dodgy schemes and tax havens.

    1. Re:Cant pay by rmdingler · · Score: 3, Interesting

      Hard to free up cash when all your money is hidden in holding companies, dodgy schemes and tax havens.

      While missing a payment deadline, I once told the electrical people my money was all tied up in fast times and poor decisions.

      Despite the chuckle it elicited, their level of compassion could be measured by the $12 late fee on a $144 light bill.

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

      Ernest Hemingway

    2. Re:Cant pay by Plumpaquatsch · · Score: 5, Insightful

      So it's already in Ireland? That should make it easier.

      Well, when the country you are supposed to pay it to refuses to accept it, that is a pretty big problem. http://www.bbc.com/news/world-...

      BTW, why is a failure to meet a Jan. 3rd deadline suddenly in the news? Even the EU bureaucracy isn't that slow.

      Interesting tidbit: if they dumped the money in front of the Irish treasury as 500 Euro bills, that would be over 29 metric tons of paper, with a volume of about 34 cubic meters. It seems that would be slightly more than fits into a 20' shipping container - but you would need at least two anyway, because of the weight limit on trucks. So yeah, they could do that - if they can find somebody to sign the receipt. (http://www.fondations.net/weight-from-500-euro-note-informative/)

      --
      Of course news about a fake are Fake News.
  2. I wish... by Quakeulf · · Score: 3, Interesting

    I could just say "it's tricky" when the state comes to tax my business to hell and beyond. I pay 51% tax in total on my business entity here in Norway. If I try to fight this unjust practice against SMEs here in Norway they'll just ignore me.

    1. Re:I wish... by JaredOfEuropa · · Score: 5, Insightful

      And that's why such tax evasion is a bad thing: it's unfair competition. I hate taxes as much as the next guy and I would like to "avoid" them where I can. But in practise tax evasion and the secret tax rulings that are so popular in my country (which puts the Dutch in the Double Dutch Sandwich) are accessible only to large entities. As a small business owner paying 25-50% tax, how are you supposed to compete against companies that end up paying 0.005%?

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    2. Re:I wish... by Tomahawk · · Score: 3, Interesting

      In the US at least, only profits are taxed.

      Same in the EU, and everywhere else that I know of. The 13bn owed here is taxes on profits made by Apple across Europe over a period of a few years. So you can imagine just how much profit they actually made!

      Normal corporation tax rate in Ireland is 12.5%, which tells us that Apple made profits in excess of €100bn over those years in Europe.

    3. Re:I wish... by serviscope_minor · · Score: 2

      If I try to fight this unjust practice against SMEs here in Norway they'll just ignore me.

      How is making a company pay the same tax that everyone else has to pay an unfair practice?

      --
      SJW n. One who posts facts.
    4. Re:I wish... by drinkypoo · · Score: 4, Interesting

      I like taxes because I like living in civilisation. I am happy to contribute my bit.

      I will not lie and pretend I like paying taxes. I like getting what they give me, and if I can get that for less money, I will. It's the same principle upon which big business works, and if it's good for them, then it's surely good for me.

      Contributing my bit is not really the problem. Being asked to contribute someone else's bit because they are evading taxes, or because they are purchasing legislation which permits them to avoid them instead while I still am expected to pay them, that is the problem.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:I wish... by kimvette · · Score: 5, Insightful

      > As a small business owner paying 25-50% tax, how are you supposed to compete against companies that end up paying 0.005%?

      You're not, and that is by design.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    6. Re:I wish... by jabuzz · · Score: 2

      Utter bullshit.

      Here in commy United Kindgom, 25% went on "Social Protection" which while it includes free handouts also includes things like childrens homes for orphans etc. so not all of that is free money either. Just shy of 20% when on health care but that's not free handouts of money to people. Then 12.8% went on State Pensions but to get a state pension you have to pay National Insurance so not really free money either. Then came education at 12%, that's not free money, interest on national debt came to 5.3%, then defence at 5.2%. The next bit of free money is Overseas aid at 1.2%

      So lets be generous and assume that all "social protection" was free money being handed out, as is state pensions, overseas aid and the 1.1% that went to the EU then that comes to 40.1%, which being less than 50% is not the majority.

      Being less generous and only including the "social protection" and overseas aid then 26.2% is no where near the majority.

      Here is Her Majesties Treasury's web page on the subject for the tax year 2015/16. Note the UK's tax year runs from Lady Day (otherwise known as Feast of the Annunciation no 25th March) plus the 11 days from the shift from the Julian to Gregorian calendar in 1752.

      https://www.gov.uk/government/...

    7. Re:I wish... by RandyHill · · Score: 2

      "Yeah you hate taxes but you love the civilisation that they buy. If you really hate taxes, you can always move to the Libertain Paradise of the Congo where the government pretty much doesn't have the werewithal to collect taxes to any significant degree."

      Nice straw man. Only a small fraction of my total taxes pay for roads, police, and schools, the cornerstones of civilization.

      Somehow Ike ran the US spending less than 15% of the GDP on federal government. Remind me again why a more modern US Government requires nearly twice as big a share of the economy?

      Somehow businesses continually get more efficient and government less.

  3. Some options by The-Ixian · · Score: 5, Funny

    I know that people are working overtime at Apple to come up with this solution but here are some ideas for you:

    - Giant novelty check
    - Mountain of pennies
    - Unsold Apple watches
    - Briefcase full of "iBucks"
    - "Hey what's that?!" *run away*

    --
    My eyes reflect the stars and a smile lights up my face.
    1. Re:Some options by Nidi62 · · Score: 2

      Maybe offer to buy everyone in Ireland a cask of Irish whiskey and a round of Guinness?

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
  4. Escrow by Tomahawk · · Score: 4, Informative

    They missed a deadline to have the money in an escrow account. With the ongoing legal challenges, the money would stay in the escrow account until such time as it is decided whether they have to pay the taxes, or they can take the money back. This wasn't a deadline to pay the tax itself.

    https://www.rte.ie/news/2017/0...

    1. Re:Escrow by Opportunist · · Score: 5, Insightful

      And still, if this wasn't Apple but Paddy O'Random not paying his tax, he'd find his home raided and emptied out tonight.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  5. Re:Does Ireland wan't the money? by Opportunist · · Score: 5, Insightful

    The very LAST thing Ireland really wants is to enforce this law. For good reason. Right now they get a bit of the cake, but they get a bit of the cake from everyone because every company, from Apple to Amazon to MS to Google, is hiding in their tax shelter.

    If they now actually fold (and yes, that would be Ireland folding to EU pressure), what reason is there for them to stay in Ireland? The weather?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  6. Re:Does Ireland wan't the money? by RivenAleem · · Score: 2

    Ireland would like to keep Apple in Ireland even paying little to no tax, because of the amount of tax the support systems pay. If Ireland were forced by the EU to take 13 billion off Apple, then they will have to take it, but who knows what Apple's next move will be? They are moving a lot of operations from Luxemburg to Ireland, but that might all change if they have to start paying regular tax.

  7. Re:Yeah, Apple is so happy that Ireland didn't IRE by serviscope_minor · · Score: 3, Insightful

    I accidentally modded down. Posting to erase. Absolutely insane. Whether you agree with a country's tax schemes, a sovereign nation has the right to decide these issues for themselves.

    This idiotic bullshit "sovereignty" meme needs to die.

    Being able to do whatever the fuck you like while everyone deals with you as if you're nice is not the definition of sovereignty.

    Ireland agreed to not give state aid as a condition of being in the single market and the EU. They are sovereign because they can give state aid whenever and however they like, but they won't get to keep being in the EU.

    You know what? Being sovereign is not being given cool shit while you act like a dick. It means people won't start shooting at you for things like that. Ireland is sovereign because no one will shoot at them if they say "fuck you" to the EU. Florida, Arkansas, Alabama etc are not sovereign: last time they tried to leave, some other people started shooting at them until they stopped. Ireland is free to invoke Article 50 (or just leave the club by fiat) any time they want and not a single shot will be fired.

    --
    SJW n. One who posts facts.
  8. Re:Yeah, Apple is so happy that Ireland didn't IRE by pla · · Score: 2

    It would seem a bit odd to say "We're leaving the EU, but we still need you to give us free trade

    I keep hearing variations on that line with regards to Brexit (though the same would apply for any EU country sick of the EU's games, Ireland included), and just don't "get" it...

    The US has free trade agreements with plenty of countries, despite not having given those countries the slightest hint of power to dictate what US law can or cannot do domestically. Why would a (former) EU country not have the ability to negotiate similar trade deals, totally in isolation from the immigration bullshit the EU seems intent to ram down its members' unwilling throats?

  9. Re:Yeah, Apple is so happy that Ireland didn't IRE by drinkypoo · · Score: 2

    However, we will fight for our rights of sovereignty, and our rights to set our own laws, as laid down by EU law and all of the various treaties that make up the bloc.

    You explicitly penned away the right to do what you're doing here.

    I understand why the Government is fighting the EU on this.

    Yes, because there's a lot of money involved.

    (and are forced to accept the money - heaven's forbid!).

    There's a story about a goose and golden eggs you might consider revisiting — it's not a perfect match, but it's close enough to get the point, I hope.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  10. Ireland getting the $13 billion is a fiction by edxwelch · · Score: 2

    If Apple is forced to pay the $13 billion, Ireland is unlikely to see any of it. Firstly, other EU countries would go after Apple for a share and also Apple could declare the tax in the US instead.
    https://www.theguardian.com/bu...

  11. Re:Does Ireland wan't the money? by Carewolf · · Score: 2

    The very LAST thing Ireland really wants is to enforce this law. For good reason. Right now they get a bit of the cake, but they get a bit of the cake from everyone because every company, from Apple to Amazon to MS to Google, is hiding in their tax shelter.

    If they now actually fold (and yes, that would be Ireland folding to EU pressure), what reason is there for them to stay in Ireland? The weather?

    They still have the lowest corporate tax in the EU at 12.5% the companies would just have to pay that instead of 0.02%.

  12. Re:Does Ireland wan't the money? by serviscope_minor · · Score: 2

    If they now actually fold (and yes, that would be Ireland folding to EU pressure)

    "Fold" is a curious way of putting it. I mean I guess it fits, but it gives a rather odd impression. It's like saying you fold to pressure from the police not to do 90 in a 30 zone.

    Or, actually, more like you fold to pressure from your landloard to pay rent.

    --
    SJW n. One who posts facts.
  13. Re:Yeah, Apple is so happy that Ireland didn't IRE by whoever57 · · Score: 2

    You can argue whether or not joining the EU has been a net benefit to Ireland (I believe it has, massively), the plain fact is that Ireland agreed to certain conditions as a result of joining and now needs to live up to its international obligations.

    --
    The real "Libtards" are the Libertarians!
  14. Re:Does Ireland wan't the money? by Carewolf · · Score: 4, Interesting

    The very LAST thing Ireland really wants is to enforce this law. For good reason. Right now they get a bit of the cake, but they get a bit of the cake from everyone because every company, from Apple to Amazon to MS to Google, is hiding in their tax shelter.

    If they now actually fold (and yes, that would be Ireland folding to EU pressure), what reason is there for them to stay in Ireland? The weather?

    They still have the lowest corporate tax in the EU at 12.5% the companies would just have to pay that instead of 0.02%.

    Plus Ireland already ARE enforcing the tax again. The scheme was found illegal by Ireland's own supreme court, Ireland just said: We didn't know it was illegal so were are not going to be charging back taxes on the error. Where as EU have found letters between Apple and Ireland discussion wether or not they would accept the legally wrong scheme, and since Ireland did, have said that is illegal state aid, and thus they must collect back taxes and not just new taxes.

    The only reason Ireland is not happy to charge the back taxes is either: a) pride or b) corruption.. or maybe c) both.

  15. It's not tricky at all by nospam007 · · Score: 2

    Even Al Capone learned, that either you pay your taxes or you go to jail.

  16. Trivial solution by belthize · · Score: 2

    Just treat it like any normal tax agency would treat it with late fees calculated on a prorated monthly basis.

    If they were looking at 1B Euro penalties I'm pretty sure they'd have paid on time.

  17. A la Run DMC by ikirudennis · · Score: 2

    It's Tricky to dodge taxes, to dodge taxes that's right on time. It's TRICKY!

  18. Re:Yeah, Apple is so happy that Ireland didn't IRE by RandyHill · · Score: 2

    Actually, you want the corporate income tax rate to be zero. It's a tax on investment and job creation. When profits are paid to the owners through dividends or capital gains is when you want to tax. Taxing retained earnings reinvested in the business is like a farmer eating his seed corn.

  19. Re:Yeah, Apple is so happy that Ireland didn't IRE by DarenN · · Score: 2

    You explicitly penned away the right to do what you're doing here.

    The EU maintains that Ireland gave Apple preferential tax treatment that was not available to others and thus amounts to a subsidy which Apple must now repay. We agreed not to give subsidies under EU treaty.

    Ireland maintains that we put in place an attractive tax regime available to all to encourage FDI. This is allowed under EU treaty and law, and in fact is used by all EU nations.

    So if the EU are right, we get roughly 13 billion in back taxes from Apple. If the EU are wrong (which I believe they are) then we don't. The reason that this is so heated is that it at the edges (Apple were the only company to take advantage of the rules at the start) and there is a worry that this is an overreach by the EU commission which affects the ability of the government to levy its own taxes, which the the countries making up the EU have agreed is up to the individual countries.

    --
    Rational thought is the only true freedom
  20. Re:Yeah, Apple is so happy that Ireland didn't IRE by serviscope_minor · · Score: 2

    The EU isn't a dictatorial authority, this issue will be settled in court.

    Um yeah?

    But I'm pretty confident Ireland can have one general tax rate for corporations, and different rates for corporations locating savings or intellectual property in Ireland, since those activities don't generate any costs for the Irish government.

    I expect so. What they're not allowed to while remaining in the EU do is have one rate for Apple. If they have a preferential rate, it has to be open in principle to anyone.

    --
    SJW n. One who posts facts.