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Apple To Start Paying Ireland the Billions It Owes In Back Taxes (engadget.com)

Last year, Apple was ordered to pay a record sum of 13 billion euros ($14.5 billion) plus interest after the European Commission said Ireland illegally slashed the iPhone maker's tax bill. "But Ireland was rather slow to start collecting that cash, which led the Commission to refer the Irish government to the European Court of Justice in October due to Ireland's non-compliance with the 2016 ruling," reports Engadget. "However, the Wall Street Journal reports today that the country will finally start collecting those billions of dollars owed by Apple and it may start doing so early next year." From the report: Both Apple and Ireland have fought back against the ruling -- Ireland has said that the European Union overstepped its authority and got some of the country's laws wrong while Apple has maintained that the amount it's being told to repay was miscalculated. Both are continuing to appeal the decision and the money will sit in an escrow fund while they do so. Ireland has said that negotiating the terms of that fund is what has held up its collection of the money but the European Commission said that the action it has taken against Ireland for failing to follow the 2016 ruling will proceed until the money is collected in full.

124 comments

  1. what's the D by originalGMC · · Score: 1

    Black Taxes, White Taxes ... what's the difference?

    1. Re:what's the D by Anonymous Coward · · Score: 0

      A tax on slavery? Exactly.

  2. Does this mean by Anonymous Coward · · Score: 0

    that Apple get 26/6 votes in the UK parliament? Because finances to votes would suggest this is an appropriate trade.

    1. Re: Does this mean by Anonymous Coward · · Score: 0

      Ireland isnâ(TM)t a part of the UK.

    2. Re: Does this mean by Anonymous Coward · · Score: 0

      Ok, I was misinformed. There's a fair number of tech firms in NI using somewhat lax tax laws to avoid business costs. I accept that Apple were within 'proper' Ireland.

  3. Lucky Ireland! by WheezyJoe · · Score: 1

    Apple (and a lot of other corporations, to be honest) pulled a LOT of tricks to keep from paying taxes in the U.S. and elsewhere. I suppose it's nice some country is getting a big corporation to pay up, and if it's Ireland, I'm certain it was a sweet deal to start with (just to get Apple to settle down there in the first place).

    Here's hoping Ireland uses some of the money to finish some lovely road and railway and railway projects - they need 'em.

    --
    Take it easy, Charlie, I've got an Angle...
    1. Re:Lucky Ireland! by HornWumpus · · Score: 1

      Do you know how many 'drunk and disorderly' fines Ireland owes to the 'World Night Court'? It's a staggering figure.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    2. Re:Lucky Ireland! by Anonymous Coward · · Score: 1

      what Ireland is terrified of is their reputation of being a great tax haven is being tarnished which will not only stop the flow of big companies to Ireland it may make many think about leaving for greener pastures as why the fuck would you ever move a company to Ireland without that benefit.

    3. Re: Lucky Ireland! by Anonymous Coward · · Score: 0

      Yeah, that's why Ireland is fighting this along side Apple, because they forced Apple to pay.

      Good job commenting without having even the slightest clue.

    4. Re: Lucky Ireland! by Catbeller · · Score: 1

      They're in financial hell from lack of taxes and won't tax because some other country will let Apple skate if they don't. We need international tax laws to stop this.

    5. Re:Lucky Ireland! by Anonymous Coward · · Score: 0

      'World Night Court'? I used to watch that show!

    6. Re:Lucky Ireland! by Actually,+I+do+RTFA · · Score: 1

      if it's Ireland, I'm certain it was a sweet deal to start with (just to get Apple to settle down there in the first place).

      That's the point. The EU doesn't allow "sweet deals" to get Apple to settle there in the first place. This payment are all the back taxes now that the deal Ireland gave them has been determined to be illegal and was unwound.

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    7. Re: Lucky Ireland! by Actually,+I+do+RTFA · · Score: 2

      That's what this article is about. The EU is enforcing their international tax laws on Ireland.

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    8. Re: Lucky Ireland! by TheRaven64 · · Score: 1

      Nope, the EU is enforcing Irelands tax laws on Ireland. Corporation tax rates in the EU are 9-35%, with around 15-25% in most places where you'd actually want to set up a company. Corporation tax rates in Ireland are 12.5% and 25% for trading and non-trading income. Apple's tax rate in Ireland is 0.005%. The EU is simply saying that Apple has to pay corporation tax at the rate that the Irish tax code defines it, not at a special Apple rate.

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  4. Re:Not quite correct by 110010001000 · · Score: 4, Informative

    Soon to be irrelevant? Who is going to make it irrelevant? Keep sucking up to your corporate masters, I am sure they are going to be good to you.

  5. Re:Better Option by 110010001000 · · Score: 3, Funny

    "Succeed" from the EU? That pretty much sums up your intelligence.

  6. Re:Not quite correct by fluffernutter · · Score: 1

    Is anyone forcing Ireland to be in the EU? Honest question. I thought they were there because they wanted to be.

    --
    Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
  7. Take the fecking money by Anonymous Coward · · Score: 0

    i mean come on, I appreciate they want to be business friendly but at some point the amount of money must outweigh this.

    There are only five million people in one and a half million houses in Ireland. It's a staggering amount of cash. Put a gigabit fibre cable in every building in Ireland and see what that does to your attractiveness to technology businesses and still have ten billions left over.

    1. Re: Take the fecking money by Catbeller · · Score: 1

      So basically Ireland and other nations have been pauperizing themselves by refusing to collect taxes from a company that has a quarter trillion dollars in cash.
      And they're fighting becoming wealthy by doing so.

    2. Re: Take the fecking money by Anonymous Coward · · Score: 0

      So basically Ireland and other nations have been pauperizing themselves by refusing to collect taxes from a company that has a quarter trillion dollars in cash. And they're fighting becoming wealthy by doing so.

      That's what the EU bureaucrats would like to have you believe. The story is a little different when you do some calculations.

      The cost of living in Ireland is between the 3rd and 6th highest in Europe, depending on the study you look at and the year it was done.

      The amount of money at stake, divided by the population of Ireland, is enough to pay for 3-6 months cost of living per person, taking into account that people need to work and thus most will live in or near a city, and thus have a far higher cost of living then would otherwise be the case.

      A corporate job will provide far more than enough income for the next 30+ years to pay one's cost of living in that environment.

      What would you rather have: 3-6 months of pay, followed by the not-too-distant loss of your job as the corporations move out, or 30 years of pay that considerably exceeds your cost of living? Do the math.

      Ireland adopted it's current business friendly policies after the Cold War, and these policies are largely responsible for the growth from desperate poverty to Celtic Tiger status.

      Further, there's a lot of spillover for people who don't have corporate jobs, since the people that do have those jobs need to pay for housing, taxes, food, services, and so on - so even the people that don't have corporate jobs benefit from the current state of affairs. Those people also need to live near the cities where the cost of living is high - that's where the jobs are - and the current corporate-friendly policies make it possible for these people to make enough money to live there. Corporate jobs drive the economy.

      The EU bureaucrats were willing to accept this state of affairs for decades, but for political reasons have now reversed their position. They don't much care if lots of people in Ireland lose their jobs. There are powerful special interest groups acting that have far more influence than the people of Ireland.

      This could be really ugly for Ireland. It's certainly not going to result in wealth.

  8. Irexit next? by slazzy · · Score: 1

    Will Ireland exit the EU next?

    --
    Website Just Down For Me? Find out
    1. Re:Irexit next? by vadim_t · · Score: 1

      No, why would they? Ireland voted against independence because they wanted to stay in the EU. They like it there.

    2. Re:Irexit next? by Anonymous Coward · · Score: 0

      Of course they wonâ(TM)t. Thatâ(TM)s already been seen as a great mistake the one time it was tried.

    3. Re:Irexit next? by Anonymous Coward · · Score: 0

      god damn you are a fucking retard

    4. Re:Irexit next? by nitehawk214 · · Score: 2

      With Britain leaving of course they would want to stay.

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
    5. Re:Irexit next? by thegarbz · · Score: 1

      I don't know. Has Ireland been showing suicidal tendencies? You think Brexit is bad? Imagine what it would be like for a country that has even less manufacturing and GDP and is even more dependent on bloc trade.

    6. Re: Irexit next? by Anonymous Coward · · Score: 0

      Ireland did not vote against independence. It has been independent for almost a century.

    7. Re:Irexit next? by TheRaven64 · · Score: 1
      A huge part of Ireland's economy is a result of being a country that has lower corporation tax rates[1] than most of western Europe, good connections to the rest of the EU, and is part of the common market and so can import / export with the rest of the EU without any tariffs or customs inspections. Remove them from the EU, and expect to see most big businesses leave.

      [1] Not threatened by this ruling. They can keep their 12.5% rate for everyone, just not the special Apple 0.005% rate.

      --
      I am TheRaven on Soylent News
    8. Re: Irexit next? by Anonymous Coward · · Score: 0

      Scotland and Ireland are different, ass.

    9. Re:Irexit next? by david_thornley · · Score: 1

      Another advantage is that Ireland is English-speaking, which is a plus for US companies. I'm really wondering what my company is going to do after Brexit.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    10. Re:Irexit next? by TheRaven64 · · Score: 1

      I wonder how important that actually is. Google, for example, has English-speaking offices in Germany, France and Switzerland. Having English as the native language makes it easy to recruit locals, but for high-skill jobs you're likely expecting people to relocate anyway, and Paris is a lot easier to persuade people to move to than Cork.

      --
      I am TheRaven on Soylent News
  9. Finally! by MichaelJamesBattagli · · Score: 1, Insightful

    I hate it when companies think it is OK to become filthy rich and not have to pay any taxes. Instead they move their money into some off shore account to avoid this. I guess Apple should think about putting them money back into the US and help OUR economy!

    1. Re: Finally! by Anonymous Coward · · Score: 0

      1. That money was never in the US, so it was never moved "off shore", and the US has no claim to it under current laws. Please try to keep up.
      2. Apple pays US taxes on all profit from the Americas, as that revenue is booked through the Cupertino HQ. That is over $6B a year for politicians to squander. How much did Google pay? (Hint: far less)

    2. Re: Finally! by viperidaenz · · Score: 1

      How much did Google pay? (Hint: their fair share too)

      FTFY

    3. Re:Finally! by Anonymous Coward · · Score: 0

      What? That money never had a thing to do with the US. Neither it was made there neither it passed through.

      US has no claim. This is merely Apple not paying taxes due by EU rules. They now must.

  10. Re: Not quite correct by Anonymous Coward · · Score: 0

    Maybe they are referring to the pending collapse of society as wealth inequality reaches its zenith.

  11. Re:Not quite correct by bloodhawk · · Score: 4, Insightful

    Ireland saw an opportunity to steal tax revenue from other countries in order to provide minor benefits to its own local economy. It got called out for it and now is whining about it. Ireland would be one of the countries to suffer the most should the EU dissolve or become irrelevant, they depend on it hugely to maintain their economy.

  12. Total BS by Anonymous Coward · · Score: 0

    Just more totalitarian government BS. Redistributive assholes.

  13. Ireland has agreed to take the taxes. by Anonymous Coward · · Score: 0

    However they have submitted a purchase order for a special signed copy of OSX that costs 13bn Euros.

    1. Re:Ireland has agreed to take the taxes. by Anonymous Coward · · Score: 0

      isnt that about the price of a few imacpros anyways?

  14. Re:Down the rabid hole by Anonymous Coward · · Score: 0

    "Thanks for the illumination, not that..." You should have used a semi-colon instead of a comma. I can now completely ignore your point and insult your intelligence.

  15. Irish play book by whoever57 · · Score: 1

    1. Offer a sweetheart tax deal to very large company. Collect almost no taxes.
    2. Get caught out by the EU.
    3. Demand payment of back taxes from the large company.

    This 13B euro is more than Ireland would have ever collected through its illegal low tax scheme over the next decades or more, so, even if no large companies chose to route their profits through Ireland, the country is still ahead on the deal and can blame someone else for the deal falling apart.

    It's a brilliant move by Ireland!

    --
    The real "Libtards" are the Libertarians!
    1. Re:Irish play book by Actually,+I+do+RTFA · · Score: 1

      Seems like that could have been their plan. Did the EU fine them 13 billion to discourage Ireland from doing that?

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    2. Re:Irish play book by whoever57 · · Score: 1

      No. The EU just forced Ireland to collect the taxes.

      I think a lot of people on /. had a problem understanding this simple concept: The EU didn't fine Ireland; instead the EU just told Ireland to collect all those lovely back taxes.

      There was a threat of some kind of penalty had Ireland not collected the back taxes, but this has not yet happened.

      --
      The real "Libtards" are the Libertarians!
    3. Re:Irish play book by nitehawk214 · · Score: 1

      Except that now Apple will quit bribing the politicians that let them set up the tax deal in the first place.

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
    4. Re:Irish play book by whoever57 · · Score: 2

      Except that now Apple will quit bribing the politicians that let them set up the tax deal in the first place.

      And how is that a problem? Seems like a bonus to me.

      --
      The real "Libtards" are the Libertarians!
    5. Re:Irish play book by Actually,+I+do+RTFA · · Score: 1

      I understand that the EU forced Ireland to collect taxes. I just wasn't sure if they also fined Ireland. Because, otherwise, they're incentivizing exactly your (sarcastically stated?) plan.

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    6. Re:Irish play book by serviscope_minor · · Score: 1

      Because, otherwise, they're incentivizing exactly your (sarcastically stated?) plan.

      Except that if you're big enough to get such a deal then you probably have more lawyers on staff than Ireland and know very what your doing. Apple must have known full well it was a gamble.

      --
      SJW n. One who posts facts.
    7. Re:Irish play book by Anonymous Coward · · Score: 0

      not for the politicians.

    8. Re:Irish play book by Actually,+I+do+RTFA · · Score: 1

      The fine wouldn't be because I'm worried about Ireland taking advantage of Apple. It's because (using France as an example), suppose Ireland and France are both trying to woo Apple. Ireland offers an illegal tax rebate, France does not. Eventually Ireland's tax rebate is overturned. Apple knew the risks, Ireland wins, but France (and the rest of the EU countries) lose out.

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    9. Re:Irish play book by Anonymous Coward · · Score: 0

      1. Offer a sweetheart tax deal to very large company. Collect almost no taxes.
      2. Get caught out by the EU.
      3. Demand payment of back taxes from the large company.

      This 13B euro is more than Ireland would have ever collected through its illegal low tax scheme over the next decades or more, so, even if no large companies chose to route their profits through Ireland, the country is still ahead on the deal and can blame someone else for the deal falling apart.

      It's a brilliant move by Ireland!

      You have no idea what you are talking about. This is going to be really bad for Ireland. This is the real reason why the Irish government has been fighting it - the current office holders know their political careers are likely to be permanently dead in the next 5-15 years as things tank since the voters will associate them with things going wrong (it happened on their watch).

      Go read about the state of the Irish economy before the corporate friendly policies were adopted (they were in place and drawing corporations by the early 1980's). It was poverty striken, effectively a third world nation, with population leaving in droves, and a huge embarrassment to the EU. The corporate-friendly policies were a great solution to really bad problem - and they worked really well, with the benefits of the success accruing to both Ireland and to the EU. By 1982, over 80% of corporations that opened offices in Ireland were willing to cite the tax policy as the primary reason for doing so.

      It sounds like the amount at stake in the current affair is huge - but that's an illusion. Take the total and divide by the number of people in Ireland, then by the quite high cost of living (especially for the majority of the population, which needs to live in or the cities), the amount per person is quite low, especially compared to the income from corporate jobs - certainly not enough to pay cost of living for very long. If those corporate jobs go away, the average person will lose an enormous amount of income over the next few decades - this will be a huge net loss for Ireland, a disaster that will ripple through the entire economy.

      By the way, this policy not illegal until quite recently. The EU had a vested interest in letting Ireland adopt corporate friendly policies, and it was well within the exceptions to the "state aid" rules (look them up). But today there are many other EU nations that would like to attract corporations to them - and the cost of living in those nations (particularly some of the Eastern European ones) is quite low, which would make them very competitive against Ireland in bidding to be the new homes of corporations. So suddenly the status quo has become illegal, after many decades of being accepted. That's politics for you.

      One of the key things to understand here is that the EU has a clever import scam going on: they pretend to have low tariffs (~2%) to satisfy the people who believe in free trade but simultaneously allow countries to apply a VAT (which is quite high, 19-20%) to all imports not from EU nations (thus also satisfying the people who believe in protectionism). Hence, all foreign corporations need to do is get their goods into SOME EU nation to avoid this tariff - it doesn't matter which nation. This in turn gives a huge incentive that other EU nations can offer as bait to get the corporations out of Ireland, giving a huge boost to their economies - but that can only happen if they remove the obstacle posed by the current Irish tax policies.

      So this isn't a scheme by Ireland, it's a scheme by other groups in the EU, Ireland is going to be the victim in the long term.

  16. Last time there was an Ireland exit... by Anonymous Coward · · Score: 0

    ...was when 90s supermodel Kathy had her husband pull out of her coitally.

  17. Re:Down the rabid hole by Anonymous Coward · · Score: 0

    That's a really sad life you must lede. I suppose you'd be a good 3rd grade grammar teacher, something nice and simple; within your domain of knowledge which you so graciously exude.

  18. Re:Not quite correct by quantaman · · Score: 5, Insightful

    Apple doesn't owe any taxes in Ireland, as defined by the laws of Ireland.

    Incorrect, the laws of Ireland recognize the treaties that make Ireland part of the EU. And the language of those treaties recognizes the authority of the EC on this issue.

    If Ireland wants to change its laws to allow it to charge Apple no tax it can follow Britain's example and do so.

    The EU, a soon-to-be irrelevant third party, saw a bucket of cash it wanted and is somehow coercing both parties to get an unjustified payout.

    Also incorrect, the tax in question is being paid to Ireland, not the EU. The reason they EU is getting involved is the EU has rules to avoid countries engaging in a race to the bottom to attract major corporations. Ireland violated those rules.

    --
    I stole this Sig
  19. Re:Not quite correct by Anonymous Coward · · Score: 0

    ... and off the cliff they go!

  20. Re:Not quite correct by Anonymous Coward · · Score: 2, Informative

    Exactly one country is leaving, and it doesnâ(TM)t even want to any more, having firmly realized that was a jolly great mistake.

    But Iâ(TM)m sure the facts wonâ(TM)t get in your way.

  21. Re: Down the rabid hole by Anonymous Coward · · Score: 0

    Don't worry about him, he's an EU commie.

  22. Re: Down the rabid hole by Anonymous Coward · · Score: 0

    What the fuck is "lede"?

    If someone is too stupid to figure out basic communication tools, they're too stupid to have an opinion of consequence.

  23. It's a COUNTRY FULL OF DRUNKS! by Anonymous Coward · · Score: 0

    And giving a drunkard any money is a bad, Bad, BAD thing to do! AAPL! KEEP! YOUR! HARD! EARNED! MONEY! . . .

    . . . in your hidden accounts.

  24. Re:EU, mind your own business. by viperidaenz · · Score: 2

    They have the option of removing themselves from the EU. The EU is not forcing them to stay a member, but while they are they need to follow their rules.

  25. Re: Not quite correct by Anonymous Coward · · Score: 0

    Found the EU communist. haha.

  26. The European Union by Anonymous Coward · · Score: 0

    Even more gay than Apple!

  27. Re:Not quite correct by Anonymous Coward · · Score: 0

    Nobody cares what they want. No country will be allowed to leave the EU and we will punish Great Britain for betraying Europe. It will be Europe, and only Europe, united from the Atlantic to the Urals, to determine the fates of the world! SIEG HEIL!

  28. Re:Irexit by viperidaenz · · Score: 2

    Or Ireland did it knowing the EU would eventually make the companies pay up.
    They get the best of both worlds then, the jobs that come with attracting the big companies and the taxes too.

  29. Re:Not quite correct by GuB-42 · · Score: 4, Informative

    The EU is not an irrelevant third party, it is the main reason why Apple is in Ireland.

    Do you think Apple has such a presence in Ireland for the domestic market?

    Ireland has signed and ratified a treaty to be in the EU, they didn't follow the rules, it is illegal.

  30. Re: Not quite correct by Anonymous Coward · · Score: 0

    I knew they were drunk. You'd need pretty thick beer goggles to make the EU look good.

  31. Re:EU, mind your own business. by Anonymous Coward · · Score: 0

    Ireland is in almost the unique position to ignore this particular EU directive. The EU will not kick them out.

  32. Re:Not quite correct by PPH · · Score: 1, Insightful

    Simple solution: Ireland needs to impose a 500% tax on all domestically produced Champagne and Camembert. And then scream like hell when France undercuts it's tax revenues.

    --
    Have gnu, will travel.
  33. Re:Irexit by Anonymous Coward · · Score: 0

    you are one stupid faggot

  34. Good by DontBeAMoran · · Score: 2

    The less money they have in their bank account, the more they'll have to actually work on making their Macs better in order to sell more of them.

    --
    #DeleteFacebook
    1. Re:Good by Anonymous Coward · · Score: 0

      That actually makes sense.

  35. Re:Not quite correct by youngone · · Score: 0
  36. Ireland secretly knew this would happen? by Anonymous Coward · · Score: 0

    Anyone else thinking that Ireland secretly knew this would happen? Way to capture billions.

  37. Easy fix by Anonymous Coward · · Score: 0

    Just make Apple pay $1 a year for the next 16 billion years. Problem solved.

  38. Re:Down the rabid hole by Anonymous Coward · · Score: 0

    What on earth do you imagine the Irish would do with $7 billion worth of arms? Whom do you suggest they point them at?

    That's why you've been modded "moron". The spelling was just gravy.

  39. Re:Better Option by Gussington · · Score: 1

    "Succeed" from the EU? That pretty much sums up your intelligence.

    Well at least it was a successful demonstration...

  40. EU does not cover taxation by Anonymous Coward · · Score: 0

    Except the EU agreement EXCLUDES taxation. So EC's attempt to bring taxation under its authority has no legal basis.

    " The reason they EU is getting involved is the EU has rules to avoid countries engaging in a race to the bottom to attract major corporations. Ireland violated those rules."

    Total false, the European Commission sees a way to get taxation powers if it claims its unfair competition. But they didn't even flesh out these other competitors, and certainly cannot prescribe changes in taxation level as penalty for contrived taxation issues.

    1. Re:EU does not cover taxation by The+Cynical+Critic · · Score: 4, Informative

      Except the EU agreement EXCLUDES taxation. So EC's attempt to bring taxation under its authority has no legal basis.

      The Treaty of Lisbon, one of the founding documents of the EEC, which Ireland ratified when they joined it in the 1970s and would eventually evolve into the EU, is pretty clear on this subject and the EU most definitely has the authority to levy sanctions, even kick a country out of the EU, for violating the treaties the EU is based upon.

      Not sure how you somehow got it into your head that the EU somehow has no authority on taxation, but the EU is built on a number of treaties, some of them containing parts relating to taxation. Sure, the EU may not be able to set actual tax rates in countries, but the Treaty of Lisbon most definitely does ban special company-specific tax deals like those that Ireland and Luxenburg have over the last few years been caught making.

      If Apple doesn't like paying taxes on it's profits it can sell it's stuff elsewhere and if Ireland wants to make these deals they can join Britain in leaving the EU, but until they do, this is the reality.

      --
      "Why should I want to make anything up? Life's bad enough as it is without wanting to invent any more of it."
    2. Re:EU does not cover taxation by Anonymous Coward · · Score: 0

      Except the EU agreement EXCLUDES taxation. So EC's attempt to bring taxation under its authority has no legal basis.

      The Treaty of Lisbon, one of the founding documents of the EEC, which Ireland ratified when they joined it in the 1970s and would eventually evolve into the EU, is pretty clear on this subject and the EU most definitely has the authority to levy sanctions, even kick a country out of the EU, for violating the treaties the EU is based upon.

      Not sure how you somehow got it into your head that the EU somehow has no authority on taxation, but the EU is built on a number of treaties, some of them containing parts relating to taxation. Sure, the EU may not be able to set actual tax rates in countries, but the Treaty of Lisbon most definitely does ban special company-specific tax deals like those that Ireland and Luxenburg have over the last few years been caught making.

      OP is correct in this particular case. While the original treaty does in theory allow the EU to take action in such matters, the rules approved by the EU itself prohibit action in this particular case: "Where the decision is on existing aid, the Commission cannot order the recovery of aid already given, but will prevent the Member State from granting future aid.". Ireland's tax laws certainly qualify as existing aid: the key changes were made at the end of the Cold War, which is when corporations started moving in, and there is no doubt the EU was fully aware for decades of what Ireland was doing.

      Ireland's tax policies were adapted after the Cold War - and it was in the interests of the EU to allow them. In many ways, Ireland - as a desperately poor nation, essentially third world, reflected poorly on the EU as a whole - and that was when the EU was interested in seducing the former Soviet block states into membership. If you're trying to seduce somebody, you don't want things that will make you look bad complicating things: take a bath, get a haircut, wear nice clothes, that sort of thing.

      Further, the EU rules explicitly allowed them to do this: it is NOT the case that all state aid is invalid, rather under the treaties state aid is acceptable if it meets certain criteria:

      (a) aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious underemployment
      (b) aid to promote the execution of an important project of common European interest or to remedy a serious disturbance in the
      economy of a Member State
      (c) aid to facilitate the development of certain economic activities or of certain economic areas
      (d) aid to promote culture and heritage conservation

      All four of these applied to Ireland at the end of the Cold War: the economy was awful, large numbers of people were leaving the country (which impacts preservation of culture and heritange), and the state of Ireland reflected poorly on the EU as a whole - thus interfered with the important project of expanding the EU to include former Soviet-block states, a project of common European interest.

      Who, after all, would want to join an economic association that is supposed to improve one's economic state, when that association included long-standing members that are desperately poor?

      Some of the rules have changed over the years, but none of that should be relevant given how long this has been going on (many decades): the Irish situation should be grandfathered in - anything else would be an ex-post facto application of law and hence intrinsically unethical. There's an element of game playing going on where the EU is trying to hide under current versions of the rules, which are not the same as previous versions.

      It's a lot like the US government violating it's own Bill of Rights, something that unfortunately happens on a routine basis: the EU government is breaking the law. Who would have thought the EU would want to be more like the USA - can't they learn fr

  41. I Don't Get It by Anonymous Coward · · Score: 0

    EU: Apple, you will pay Ireland 13 Billion Euro.

    Apple: Nooo, don't make us pay 13 Billion Euro.

    Ireland: Nooo, don't make us accept 13 Billion Euro!

    EU: WTF Ireland?

    1. Re:I Don't Get It by Anonymous Coward · · Score: 0

      Ireland has built a reputation as a tax haven for large corporations, this costs the economies around the world hundreds of billions of dollars, but gives the benefit to Ireland of a few more jobs. For Ireland it is win win as these businesses would never base themselves in Ireland without its tax haven status so the lost tax revenue is all everyone elses problem. The last thing Ireland wants is that reputation damaged by having to force corporations to pay tax as the next step is those corporations leaving Ireland as the only reason it makes sense to be their is for tax benefits.

  42. Re:Not quite correct by Anonymous Coward · · Score: 0

    the tax in question is being paid to Ireland, not the EU. The reason they EU is getting involved is the EU has rules to avoid countries engaging in a race to the bottom to attract major corporations. Ireland violated those rules.

    What's to prevent Ireland from "hiring" Google to perform some token service for them and then handing all of the tax money back?

  43. Re:Not quite correct by Anonymous Coward · · Score: 0

    opportunity to steal tax revenue

    How steal? Ireland may be forced to bring it's tax rates up to that of the most profligate taxing and spending member of the EU. But if Apple stays in Ireland (why move?) no other countries will get that revenue. It stays in Ireland.

    What appears to be upsetting the less responsible EU members is that Ireland is setting an example of thrift and judgement for the rest of the members that they don't want to meet. Nobody is claiming that Apple is depriving the Irish state or people of anything. Or that they burden that country with costs that they do not cover.Ireland and Apple negotiated what they believed to be a fair rate of taxation to support the Irish people. Shame on them that they aren't as greedy as other EU citizens.

  44. Re:Not quite correct by quantaman · · Score: 2

    the tax in question is being paid to Ireland, not the EU. The reason they EU is getting involved is the EU has rules to avoid countries engaging in a race to the bottom to attract major corporations. Ireland violated those rules.

    What's to prevent Ireland from "hiring" Google to perform some token service for them and then handing all of the tax money back?

    Two things, first, the company in this story was Apple.

    Second is the same set of underlying rules, according to this:

    The commission says that lower tax bills create illegal "state aid", giving firms advantages over rivals.

    So if the violation isn't taxes in specific, but rather the practice of giving big companies sweetheart deals, then handing the money back to Google would be an even more obvious violation.

    --
    I stole this Sig
  45. Re:Not quite correct by Anonymous Coward · · Score: 0

    Looking out for your own country is what your elected critters are for. Pretending that everybody in the EU is equal or has obligations to act like family is bullshit.

  46. Re:Not quite correct by Anonymous Coward · · Score: 0

    It is steal because they didn't lower everyones taxes, they just lowered it for a select few through what are called sweetheart deals. If they had given all businesses the same rates and benefits then this would have actually been fine under EU rules. Conditions of entry to the EU and the shared market include corporate tax rules that say they can charge whatever they like in tax, but it must be uniform, i.e. no sweetheart deals to attract specific companies.

  47. Re:Not quite correct by bloodhawk · · Score: 2

    LOL Ireland setting an example of thrift and judgement lol you aren't familiar with the state of the Irish economy I gather. hint while stealing this money they also had multiple bailouts from the EU over the last decade.

  48. Re: Down the rabid hole by Applehu+Akbar · · Score: 1

    What the fuck is "lede"?

    such a word actually exists, though not as used here. In the old printed newspaper industry it was a variant spelling of "lead" as in "lead paragraph," spelled that way to avoid confusion with the heavy metal that was a daily part of their lives.

  49. Re:Better Option by Anonymous Coward · · Score: 0

    God damned apple worshipping nutjobs. Your the reason so many people hate apple.

  50. Re: Not quite correct by Anonymous Coward · · Score: 0

    Found the idiot.

  51. Re: Down the rabid hole by Anonymous Coward · · Score: 0

    The LEDE Project (âoeLinux Embedded Development Environmentâ) is a Linux operating system based on OpenWrt.

  52. Re:Better Option by serviscope_minor · · Score: 4, Informative

    Apple should spend seven billion to provide arms to Ireland to succeed from the EU.

    Fucking moron. Ireland doesn't need arms to leave the EU because it's a soverign country. All they have to do is invoke Article 51.

    They won't of course because as they can see from their neighbour, it's an incredibly stupid idea.

    --
    SJW n. One who posts facts.
  53. The EU is too soft by Anonymous Coward · · Score: 0

    It should have reclaimed those taxes itself and used them to stem youth unemployment in Greece, Spain, Italy, Croatia, etc.

    This would create some disincentive for other countries to pull off those tax-haven tricks.

    I mean... corps think they can get away with that, but when a flashmob shows up at an Apple store they call the police?

    And states are the allies of those sociopaths instead of representing us, the People?

    Sheesh.

  54. Re:Not quite correct by serviscope_minor · · Score: 1

    Is anyone forcing Ireland to be in the EU? Honest question.

    Nope. If Ireland want to leave, they merely have to invoke Article 51.

    I thought they were there because they wanted to be.

    They are. As we can now see (and how most of the world saw beforehand), invoking Article 51 would be an incredibly bad idea.

    --
    SJW n. One who posts facts.
  55. Re:Not quite correct by Hognoxious · · Score: 1

    He's probably American. For some reason they often consider themselves to be experts on countries they've never visited and couldn't even point to on a map.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  56. Re:EU, mind your own business. by Freischutz · · Score: 3, Informative

    Ireland is in almost the unique position to ignore this particular EU directive. The EU will not kick them out.

    No it is not. The EU is backing the Republic to the hilt in the N-Ireland border dispute with Britain due to Brexit and the EU has pretty much told them the EU will veto any offer the British make that the Irish Republic does not like. It is very much in Ireland's interest not to piss the EU off any more and the EU26 are already pretty pissed over Ireland's tax haven antics.

  57. Re:EU, mind your own business. by TheRaven64 · · Score: 5, Informative

    Yes, they can. It is entirely fine for Ireland to set their corporation tax rate to zero. It is not, however, fine for Ireland to set Apple's tax rate to 0.005% (not a typo), but keep everyone else's at 25/12.5%(non-trading income / trading income), because that's state aid to a specific company. This is in violation of the free trade treaties that Ireland signed with the EU, which (try to) guarantee a level playing field for companies competing within the single market.

    --
    I am TheRaven on Soylent News
  58. Re:Better Option by TheRaven64 · · Score: 3, Insightful

    Yes, because leaving the EU is working out so well for the UK, I'm sure it will work out even better for a country with a much smaller economy, a large chunk of which is based on being a convenient place for multinational corporations to put their EU presence.

    --
    I am TheRaven on Soylent News
  59. Re:Not quite correct by TheRaven64 · · Score: 2

    That argument makes no sense at all. Ireland has low corporation tax rates. Their tax rate of 12.5% is one of the lowest in the EU. This makes Ireland attractive to multinationals that want to have a single presence in the EU and put their corporate income in a low-tax country. This is completely fine, within the rules of the EU, and no one is objecting to it.. They then offered a special deal to Apple, where they would pay only 0.005% tax. This is in violation of the state aid laws, that don't allow special deals for individual companies. It would probably be fine for Ireland to have a 0.005% tax rate for all tech companies, but it's not fine for them to have a special rate just for Apple, because that distorts the market and gives Apple a big competitive advantage over competitors that have to pay the 12.5% rate.

    --
    I am TheRaven on Soylent News
  60. Re:Not quite correct by AmiMoJo · · Score: 1

    Can't.

    It would be against EU rules on state aid and unfair targeted taxation. Would also go against harmonized tax levels for produce. Champagne is a protected name in the EU, which can only be used for wine from that region of France. Thus, there can be no domestic production in Ireland. Same with Cornish pasties and the like.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  61. Re:EU, mind your own business. by The+Cynical+Critic · · Score: 2

    Just no... Ireland isn't in any kind of special position and kicking them out at the same time as Britain leaves would actually make the whole brexit process a lot less complicated.

    Ireland really does get more out of the EU than the EU gets out of Ireland. Ever since joining the EU Ireland has attracted companies wanting to do business in the EU with it's considerably lower corporate tax rate (12.5% right now when the rest of the EU ranges from about 20 to 30%) and if they get kicked out companies really don't have any real reasons to stay in Ireland when they're going to have to pay these rates on their profits in these countries along with tariffs.

    --
    "Why should I want to make anything up? Life's bad enough as it is without wanting to invent any more of it."
  62. Re:Not quite correct by moronoxyd · · Score: 1

    The EU, a soon-to-be irrelevant third party, saw a bucket of cash it wanted and is somehow coercing both parties to get an unjustified payout.

    The money in question will not and never would have gone to the EU. It is taxes owed to Ireland, so when paid (not if) it will go into Irish coffers.

  63. Re:Irexit by moronoxyd · · Score: 1

    The EU does not demand taxes.
    The EU demands that Ireland collects from Apple the taxes that Apple owes Ireland based on irelands tax rates.

    The EU gets no money out of this.
    Apple just has to pay the taxes that the Irish laws say they should have paid to begin with.
    Ireland get's the taxes that they are owed.

  64. Re:Irexit by The+Cynical+Critic · · Score: 1

    Ireland joined the EEC, which eventually evolved into the EU, in the 1970s with the intent of getting companies to move their European operations there by offering a lower tax rate than other countries. The rest of the EU/EEC was fine with this as long as they applied the tax rate evenly in accordance with the founding treaties of the EEC/EU, which Ireland had ratified and thus bound themselves to following.

    However the problems began when it was discovered that Ireland had moved on from being a low tax area to being a literal tax haven, thus breaking the treaties they had signed and bound themselves to following. Ireland knew this broke the treaties they had signed and bound themselves to following so they made these treaties secret. However when these treaties were then leaked, all hell broke lose and the EU really had no choice but to take action as allowing Ireland to break the treaties relating to state aid would inevitably lead to other countries following suit and massive race to the bottom would ensue.

    If Ireland doesn't like these treaties anymore, they're completely free to de-ratify them, thus joining Britain in leaving the EU. However until they do, they're still bound by them and have to follow them or face sanctions from the EU. Same thing applies to Apple who can just as well go sell their stuff elsewhere if they think a 12.5% corporate tax rate is unreasonably high.

    --
    "Why should I want to make anything up? Life's bad enough as it is without wanting to invent any more of it."
  65. Re:Not quite correct by PPH · · Score: 1

    They then offered a special deal to Apple

    Nope. That deal is available to any corporation in Ireland. No tax on revenues from outside the country.

    --
    Have gnu, will travel.
  66. Why does Ireland not want those €13B? by Anonymous Coward · · Score: 0

    Why do they not want the money? Why are they insisting on not taxing companies that reside there? What's actually going on?

  67. Re:Not quite correct by PPH · · Score: 1

    Champagne is a protected name in the EU

    So the Irish tax will be on sparkling wine.

    It would be against EU rules on state aid and unfair targeted taxation.

    But that's what the French are doing. They are charging unfairly low tax rates for their domestic produce. They have driven poor Ireland out of the Champa.... er, sparkling wine business.

    --
    Have gnu, will travel.
  68. Re:Not quite correct by Anonymous Coward · · Score: 0

    Not true. Ireland offered Apple a special deal. There wouldn't have been a problem if Ireland had applied its laws and rules in the same way for every company.

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

    That's all this is. More money for cronies.

  70. Re:Not quite correct by AmiMoJo · · Score: 1

    If true the it seems like Ireland would have a very good case to take up with the European courts, which are there to resolve these kinds of issue. You know, the ones that told them Apple has to pay tax.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  71. Re:Not quite correct by networkBoy · · Score: 1

    well, we Yanks are experts at fucking it up and blaming the other guy, so... In this case I think it may be ok?
    lulz... /quiet sobbing

    --
    whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
  72. Re:Not quite correct by PPH · · Score: 1

    Right. And then the EU's entire tax regime collapses in a giant case of reductio ad absurdum. Allowing the laziest and greediest nations to dictate policy.

    --
    Have gnu, will travel.
  73. Re:Not quite correct by PPH · · Score: 1

    Ireland offered Apple a special deal.

    Not really. Apple was just smart enough to ask how to structure their operations to take advantage of Irish law. Others have done the same, such as Facebook, Microsoft and Oracle to name just a few.

    Apple simply took greater advantage of the law, amassing more offshore funds exempt from taxes than the others did. The whole 'special deal' b.s. is just something the EU tax authorities have put forth so as not to explain what sort of plea bargains they have offered others. And what the quid pro quo for those bargains was.

    --
    Have gnu, will travel.
  74. Re:Not quite correct by Anonymous Coward · · Score: 0

    They are. As we can now see (and how most of the world saw beforehand), invoking Article 51 would be an incredibly bad idea.

    Article 51: "The Protocols and Annexes to the Treaties shall form an integral part thereof."

    You and the previous commenter mean article 50. "1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements."

  75. Re:Not quite correct by Anonymous Coward · · Score: 0

    > Also incorrect, the tax in question is being paid to Ireland, not the EU. The reason they EU is getting involved is the EU has rules to avoid countries engaging in a race to the bottom to attract major corporations. Ireland violated those rules.

    Incorrect. What EU is complaining about is not the low tax rate, but the anti-competitive nature of it. EU would be fine with Ireland giving all corporations 1% corporate tax. What is not fine is striking a deal with Apple that is not available to other companies. That's a subsidy. State subsidies like that need to follow strict rules and not be anti-competitive.

  76. Re:Not quite correct by Anonymous Coward · · Score: 0

    I'm pretty sure the EU member states would never stand for the EU allowing the US to dictate policy.

  77. Re:Not quite correct by bloodhawk · · Score: 1

    and that would get them precisely nothing, undercutting another countries tax rate is perfectly fine in the EU and they can scream all they want. What is NOT fine is giving specific companies tax deals that are not available to all companies which is what Ireland have done.

  78. Re: Better Option by Anonymous Coward · · Score: 0

    spend seven billion to provide arms to Ireland to succeed
    Your mom succeed.
    Countries secede.