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EU Apple

EU's Vestager Appeals Court Veto of $15 Billion Apple Tax Order (reuters.com) 29

EU antitrust chief Margrethe Vestager on Friday appealed a court ruling dismissing her order to iPhone maker Apple to pay 13 billion euros ($15 billion) in Irish back taxes, a landmark case in the European Commission's crackdown against sweetheart tax deals. From a report: The Luxembourg-based General Court in July scrapped the Commission's 2016 ruling, saying that EU competition enforcers had not met the requisite legal standard to show that Apple had enjoyed an unfair advantage. Vestager said the case was important, a sign that her drive to get multinationals pay their fair share of taxes would continue unabated. "The General Court judgment raises important legal issues that are of relevance to the Commission in its application of State aid rules to tax planning cases," she said in a statement.
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EU's Vestager Appeals Court Veto of $15 Billion Apple Tax Order

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  • The important part is at the end of the article:

    Vestager has three ongoing tax cases, Ikea’s and Nike’s deals with the Netherlands, as well as Huhtamaki’s agreement with Luxembourg.

    Luxembourg makes money off of offering deals to companies so that they can avoid taxes. Their courts will obviously try to stop any attempt by the EU to stop this practice, since they will have Luxembourg cases coming up soon.

    • by amorsen ( 7485 )

      The General Court is not a Luxembourg court though. It just happens to be physically in Luxembourg., The EU does not have a non-state bit of land like Washington D.C. in the US, so it cannot be in neutral territory.

    • The relevant for this article part is: “The Commission also respectfully considers that in its judgment the General Court has made a number of errors of law,” Vestager said. imho
  • Fair Share (Score:2, Interesting)

    by Terrigena ( 782337 )
    In the tax and accounting world "fair share" is whatever the law requires and not a penny more. If Vestager wants more tax revenue she should petition to revise the tax law rather than trying to pursue arbitrary actions in court.

    EU already obtains considerable revenue from import tax/tariffs and sales/VAT. So if we're going to talk about fairness to consumers maybe it's time to explore these double and triple taxation schemes.
    • Re:Fair Share (Score:5, Informative)

      by 3247 ( 161794 ) on Friday September 25, 2020 @10:36AM (#60543056) Homepage

      In the tax and accounting world "fair share" is whatever the law requires and not a penny more. If Vestager wants more tax revenue she should petition to revise the tax law rather than trying to pursue arbitrary actions in court.

      The Commission is actually arguing that Ireland did not collect "whatever the law requires" but granted illegal(!) tax breaks. Also, this is about income taxes, so none of the tax money will go to the EU.

    • In the tax and accounting world "fair share" is whatever the law requires and not a penny more. If Vestager wants more tax revenue she should petition to revise the tax law rather than trying to pursue arbitrary actions in court.

      As the US Republicans know, the courts are more important than the legislatures. What the law requires is determined solely by the court. If the final court of appeal determines that the interpretation of the law is the exact opposite of the explicit wording of a law, then only that court's opinion matters. And that's only if the court isn't lazy. Otherwise, the court could simply rule that the rule doesn't even exist because it violates some transcendental rule.

  • Luxembourg? (Score:2, Insightful)

    by nagora ( 177841 )

    The world capital of money laundering and tax evasion? And you say it upheld an appeal against paying tax? Shocked, I am. Shocked!

    Yeah, yeah. The court isn't a Luxembourg court. But the people who work there spend all their working hours mixing with people and a culture that is all about screwing the taxpayer and rewarding the super-rich. It has an effect.

    • The world capital of money laundering and tax evasion?

      Lol, not even close. Shit man they rank behind the Netherlands. You want to really dodge taxes you need some crown territory like the Caymans or the Virgin Islands.

      • Speaking from first hand experience... Obtaining a Payment Institution license in Luxembourg requires answering questions that aren't asked for a Banking license in The Netherlands. Obtaining an eMoney license in the UK is a literal walk in the walk compared to Luxembourg.

        To be fair, on some of the money laundering and tax evasion lists, Luxembourg is ranked higher than Germany, the Netherlands, France or the UK. It's also apparently easier to create a untraceable shell company in the UK than in the Cayman

    • The world capital of money laundering and tax evasion? And you say it upheld an appeal against paying tax?

      I think you misspelled London [prospectmagazine.co.uk]

  • The knee-jerk reaction to this seems to be "We gave you breaks by making these loopholes to attract your business, and now we're not satisfied with the amount of money we're getting out of the deal, so now we're going to dispute the terms we agreed to!"

    I'm not a big fan of loopholes, and it's a lot easier for someone to hate on a loophole when it's one that someone else can take advantage of when they can't, but I have even less patience for groups that try to cancel deals they've made when they find they d

    • by tlhIngan ( 30335 )

      Partly true, escept you forget it's not Ireland doing this, it's the EU. Ireland, like Apple, are opposed to this order as well.

      In effect, the EU is forcing Ireland to collect from Apple tax money it doesn't want to collect (insert joke about government and taxes here).

      It's pretty much the only reason why Apple actually had a chance on the appeal - without Ireland's support Apple would've lost.

      Ireland, of course, is in it because of the tax revenue and they know it's one of the few ways they have of attract

  • by FeelGood314 ( 2516288 ) on Friday September 25, 2020 @12:00PM (#60543350)
    They would have kicked Ireland and Luxembourg out of not only the EU but out of any tax sharing agreements. I'm all for giving companies some flexibility in declaring the where the earnings on intellectual property are paid but Ireland or Luxemburg? Seriously how much R&D did Apple do in Ireland? Or consider Nike. If the licensing for the Nike Brand is really responsible for so much of the earnings of Nike then the transfer of that naming should have triggered a huge capital gain and the companies where the marketing is done should be earning for more for contributing to that brand name.
  • As much as I dislike the "sweet" deals companies get, the EU standard is "having similar access" to all companies. That is a low bar, though.

    And instead of fixing the rules, the bureaucrat is tying the courts to extract payment ex post facto. They did a mistake by allowing those rules in the first place, and now dragging this for almost a decade.

    Maybe they would be more proactive in the future, instead the current practice of arbitrarily interpreting previous rules.

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