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originally posted by: seagull
a reply to: ketsuko
That sounds just about right.
I don't pretend to know a great deal about this, but sounds as if the EU is involved because its not getting its cut. Some unelected "official" needs a new pair of shoes, apparently.
Part of the single market rules is prohibiting state aid to companies. A preferential tax rate to an individual company is state aid which gave Apple an unfair competitive advantage. The EU is entirely within its rights here.
originally posted by: JDeLattre89
a reply to: ScepticScot
Part of the single market rules is prohibiting state aid to companies. A preferential tax rate to an individual company is state aid which gave Apple an unfair competitive advantage. The EU is entirely within its rights here.
That is not a fault of Apple but of Ireland.
Again, EU has no standing to go after Apple. At most, EU can go after Ireland who would then have to change up terms on Apple, who in turn could go after Ireland.
Ireland at this point would have to make a choice of heading to an outside government that none of its people voted for or leaving the EU in order to keep businesses and the jobs associated with them from leaving them.
originally posted by: ScepticScot
a reply to: ketsuko
Apple is the beneficiary and underpaid it's taxes therefore gaining an advantage over its competitors. They are not some innocent party who have accidentally underpaid, they have deliberately attempted to minimise their tax using methods that they would have known to be potentially illegal.
One of the main points of these rules is to prevent large companies playing of countries within the single market in a race to the bottom for tax.
This is unsurprising. Apple, as well as Google, Amazon, Facebook, Starbucks and a whole host of so called "global" companies have been avoiding paying tax where they are doing business.
originally posted by: ketsuko
originally posted by: ScepticScot
a reply to: ketsuko
Apple is the beneficiary and underpaid it's taxes therefore gaining an advantage over its competitors. They are not some innocent party who have accidentally underpaid, they have deliberately attempted to minimise their tax using methods that they would have known to be potentially illegal.
One of the main points of these rules is to prevent large companies playing of countries within the single market in a race to the bottom for tax.
Again ... what part of Ireland is the governmental entity who made this contract in violation of the rules do you not get?
It is not Apple's responsibility to know the law better than Ireland because Apple does not write Irish law. Generally, Irish government does that. If Irish officials wrote a contract in violation of EU law, then this is on them. It was their responsibility to know what restrictions they had to set in the contract, not Apple's.
The other question is whether or not this law was in place before or after the contract was made.
originally posted by: makemap
EU was create by USA to form a block against Russia. Basically US owns both of them.
originally posted by: paraphi
originally posted by: makemap
EU was create by USA to form a block against Russia. Basically US owns both of them.
Sorry, but the EU was not created by the US. Felt that pointing out this error was important lest you start believig it.
To topic.
Whether the EU was right, or wrong, the point of the OP was to question whether the tax avoidance measures of companies like Apple should have been addressed, rather than this silliness where Ireland are being "ordered" to reclaim taxes they don't want!
Ireland don't want the taxes, but those countries where Apple (and others) do business who receive no taxes should get their share. For examle, Apple paid £12M in tax in the UK in 2015 on a turnover of £2billion.
Apple used it's size and influence to get a preferential tax deal that was against the rules and that would not be available to other companies. The EU rulling just confirms it was against the rules. This is a rulling about unfair competition, Apple has benefited illegally in comparison to other companies. Ireland is opposed to this rulling as it wants to retain the ability to give individual tax rates, however if it wants to be part of the EU it has to play by EU rules. Pretty simple really.
originally posted by: JDeLattre89
a reply to: ozzieman
They're not talking sales tax here but corporate tax which is the tax governments place on profits and is based off where the company is located not where a good is sold.
originally posted by: paraphi
a reply to: makemap
Revisionism aside, the US did not create the EU. Look to the historical fact rather than some opinions.
originally posted by: ketsuko
a reply to: ScepticScot
Apple signed a contract with Ireland under Ireland's tax laws. If Ireland was making tax laws in violation of EU rules, that is NOT Apple's problem; it's Ireland's and the EU needs to go after them.
Look, long story short, my husband works a corporate job that does business in the EU, all the different countries.
When they do business with country A or country B, the standards are not going to necessarily be the same, neither are the terms. But they trust each country's legal people to get the terms right. They do not run them to Brussels and second guess it all. They assume each member state is jumping through all the appropriate hoops when they are hammering out the terms of any deal.
The trust that each state is staying on the right side of Brussels and then setting whatever standards they find acceptable in the whole process.
In this case, Ireland dropped the ball, so it's Ireland that the EU should be upset with.