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Apple

Apple Must Pay $14 Billion Tax Bill To Ireland, EU Court Rules (telegraph.co.uk) 189

Bruce66423 shares a report: The European Union's top court ruled against Apple Tuesday in the tech company's protracted legal battle over contested back taxes in Ireland. The ruling means Apple will be forced to pay Ireland up to $14.4 billion in back taxes and represents the latest setback in Europe for the tech giant. Earlier this year, Apple became the first company to be accused of violating the EU's new major tech competition law. The tax case stretches back to 2016, when the European Commission (EC) ordered Apple repay Ireland roughly $14.4 billion of unpaid taxes.

The commission argued that the tech giant had received "illegal" tax benefits from Ireland over the course of two decades. Apple had housed its European headquarters in Ireland and paid a corporate tax rate of less than 1% in some years, which the EC argued gave Apple an unfair advantage over other companies. Apple and Ireland appealed the decision in 2019. The European Court of Justice on Tuesday overturned the lower court decision and upheld the EC's 2016 order. "Today is a big win for European citizens and for tax justice. The Court of Justice confirms ... that Ireland granted Apple unlawful aid which Ireland now has to recover," Margrethe Vestager, the EU competition chief, said in a statement Tuesday.

Apple Must Pay $14 Billion Tax Bill To Ireland, EU Court Rules

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  • by XanC ( 644172 ) on Tuesday September 10, 2024 @12:09PM (#64777145)

    This works out pretty well for Ireland: they got the HQ and then also now get the taxes they gave up to lure the HQ.

    • by dskoll ( 99328 )

      Yep. The ruling should have specified that the taxes go to the EU rather than Ireland, so Ireland wouldn't have benefited from creating the cozy little loophole.

      • Re: (Score:3, Insightful)

        by Shaitan ( 22585 )

        Or they could have honored the terms laid out by a sovereign nation and agreed to by a company in good faith.

        • It's in the EU, whose laws, as demonstrated on this occasion, overrule the promises of states that are members.

          • by Shaitan ( 22585 ) on Tuesday September 10, 2024 @12:49PM (#64777257)

            It's still dealing in bad faith. I'm not a fan of tax shelters like this or Apple but the bottom line is that Ireland offered these terms and Apple accepted them and did business in good faith. If there is some conflict between Ireland and the EU over the matter and Ireland is in the wrong then Ireland and not Apple should pay the bill.

            • No, it wasn't. Ireland didn't cut Apple a deal. It was tax evasion

              There was an open secret than any multinational company with valuable intellectual property could take advantage of called "The Double Irish". It relied on a difference in the way the US and most companies levy corporate profits and how Ireland used to do it. When set up correctly, a corporation would pay ZERO taxes on their profits. No taxes to the US. No taxes to Ireland. No taxes anywhere.

              • Re: (Score:3, Insightful)

                by Shaitan ( 22585 )

                "relied on a difference in the way the US and most companies levy corporate profits and how Ireland used to do it"

                Yeah, that is Ireland cutting a deal. Ireland had this as their tax code to intentionally draw these large companies and the economic activity that comes with them to Ireland.

                When you structure things so you don't have to pay taxes that is called tax planning, not tax evasion. Tax evasion is when you commit some kind of fraud or otherwise mislead authorities, it isn't a crime to just plan your b

                • And that deal was illegal in the EU. So regardless of what Ireland might have told Apple the end result is that Apple did an illegal tax evasion inside the EU.
                  • Re: (Score:2, Insightful)

                    by Shaitan ( 22585 )

                    "And that deal was illegal in the EU."

                    Which is on Ireland not Apple and the various other companies that trusted Ireland as an official entity to follow the laws it was subject to.

                    • That's some incredible excuse making for a company that makes more money than literally any other entity in a year that isn't the treasury of an industrialized nation.

                      Unless part of the "deal" that was made also included indemnity against legal problems with the deal, Apple eats the whole meal. That's how deals (and laws) work.

                    • No that part (Ireland lied) is between Apple and Ireland. The fact is that Apple didn't paid the taxes that they where legally obliged to do. Not really sure why you have such a hard time understanding this concept; the exact same would happen to you if your accountant fooled you into not pay your US taxes. The IRS would in that case hit you with back taxes and you would then have to file a civil suit against your accountant.
                    • by Shaitan ( 22585 )

                      "That's some incredible excuse making for a company that makes more money than literally any other entity in a year that isn't the treasury of an industrialized nation."

                      I'm not interested in you trying to taint the conversation by slut shaming the victim. I'm not an Apple fan and the taxes here JUSTLY would go to the US because Apple is REALLY an American company not an Irish one. That is all beside the point, if I'm in your country and I follow the laws of your country then your country should indemnify me

                    • by Shaitan ( 22585 )

                      No, the fact is that Apple was only obligated to pay those taxes because Ireland dishonestly presented terms which violated their agreement with the EU. This is more like owing money because your AT&T store told you incorrect terms and conditions for your phone plan and had a poster to that effect. Or being in a position in which is impossible to legally defend yourself because you filed advice of council.

                      Saying Apple can afford lawyers and should have known better is silly. Apple can't afford as many l

              • Tax evasion or tax avoidance?

                One of them is illegal. The other is not, even if itâ(TM)s contrary to the spirit of the law or societyâ(TM)s expectations.

            • If there is some conflict between Ireland and the EU over the matter and Ireland is in the wrong then Ireland and not Apple should pay the bill.

              That's not how it works. If Ireland tells Apple to violate EU law, and Apple is stupid enough to do it, that's entirely Apple's fault. Maybe next time they won't trust Ireland but that's another subject.

              Apple just had bad lawyers/tax planners that were foolish enough to think they were respecting EU laws. I hope they will be fired for being so bad in their job.

        • by Ubi_NL ( 313657 )

          Or you could argue that Apple could afford tax lawyers and know exactly what gamble they were taking by selecting Ireland and its too-good-to-be-true conditions.

          I do not understand why everyone thinks Apple did not see this as a business risk and took the gamble. I'm quite sure they knew *exactly* what the EU tax laws are and what they were getting into

          • by Shaitan ( 22585 )

            "Or you could argue that Apple could afford tax lawyers and know exactly what gamble they were taking by selecting Ireland and its too-good-to-be-true conditions."

            Too good to be true? Is that the standard the EU goes by? The integrity of member states and their laws should be considered questionable and people need to doubt whether they'll retroactively renege on their commitments after the fact?

            "I do not understand why everyone thinks Apple did not see this as a business risk and took the gamble."

            Why would

            • Why would any company think there was a substantial business risk in accepting terms from a stable first world government?

              Well, probably because large companies do a process called "due diligence" before committing to things like what jurisdiction to put a wholly-owned subsidiary in for the purposes of tax avoidance.

              Part of that diligence would probably include a review of the scheme against applicable tax laws, and "just taking some Irish bureucrat's word for it" isn't really matching the definition of "due diligence" as Ireland is an EU member state, and the EU has it's own taxation framework which applies.

              TL;DR: Apple has a

        • Or they could have honored the terms laid out by a sovereign nation and agreed to by a company in good faith.

          It's like if a US state made a deal with a foreign corporation allowing child rape or slavery. It doesn't matter if such a deal was made in good faith or not. It was illegal (likely unconstitutional) to begin with.
          No one can ignore the law. Apple should have known that their deal with Ireland was illegal because it was against EU laws which apply to Ireland.
          Instead, Apple is complaining that the court is retroactively trying to ban slavery, while it was ALREADY banned when they made the deal.

        • by nojayuk ( 567177 )

          Irish corporation tax is lower than in most EU countries but the Irish government gave Apple a special deal. Other Irish companies were required to pay the full amount of corporation tax due and the Irish government went after them if they didn't pay up. Apple got special treatment from the notoriously corrupt Irish government and under EU rules that's not permitted.

          Ben there, Dunn that, bought the Taoiseach.

    • This works out pretty well for Ireland: they got the HQ and then also now get the taxes they gave up to lure the HQ.

      It doesn't, because they are going to now see a complete exodus of companies which located there to avoid taxes [wikipedia.org]. There's no other reason to be there. They get a payout now but will lose all the future payouts. It's not like they were getting nothing out of it. Soon they will.

      • All those companies still want / need to have a presence in the EU.

        They are going to get the same taxation in any other EU nation, as this is a decision from a EU court.

        Why would they pay shloads of money to move away, when they're going to get the exact same deal (or worse!) in any other EU nation, where they still want / need to be?

        Unless there is a major savings opportunity by moving somewhere else (savings in real estate leases, for example) they're staying put because moving costs money.

        • Why would they pay shloads of money to move away, when they're going to get the exact same deal (or worse!) in any other EU nation, where they still want / need to be?

          That's not how anything works. Most of them have a fake-ass office there. They will gain nothing from keeping it there and it will be cheap to move someplace less inconvenient. The ones that have a real presence there (which are few) will also want to move to someplace less inconvenient, where there is more talent available, and better connectivity, which is an obvious reason.

  • 14.4B is 2808 per capita for Ireland. a bit excessive i think, unless it conisders the entire EU population,. in wich case its only 32 usd per capita,.
    • It's not excessive, it's the amount they illegally saved in tax over those years. It has nothing to do with the population of Ireland. It's not just a random fine. The number is big, because Apple illegally avoided taxes on even bigger numbers.

    • Apple is being fined on approximately 111 billion Euros they shielded from taxes between 2004 and 2014. They have been fined 13 Billion Euros. That's only 11.7%.

      Ireland's corporate tax rate on foreign income is 25% (https://taxsummaries.pwc.com/ireland/corporate/taxes-on-corporate-income)

      Apple got off light.

    • They route a stupendous amount of tax evasion through Ireland, Irish GDP was completely distorted by it to the point they had to start using an alternative way to calculate it.

    • by Njovich ( 553857 )

      What is excessive is Apple playing out countries against eachother to make sure they paid zero tax on billions European spend.

  • by Joe_Dragon ( 2206452 ) on Tuesday September 10, 2024 @12:32PM (#64777211)

    we will pay with an in app system that we get 30% of!

  • I don't understand what an illegal law is.

    It sounds like someone is trying to talk out both sides of their mouths.

    I hate it when managers do that.
    • by RatherBeAnonymous ( 1812866 ) on Tuesday September 10, 2024 @02:06PM (#64777467)

      It happens all the time. In the US States pass laws that are unconstitutional, or that would override federal laws, and these state laws are struck down. Cities pass ordinances that are overruled by state laws. In the European Union, member countries' laws have to fit within the EU's laws.

    • I don't understand what an illegal law is.

      Get yourself a dictionary, open it to the Js, and look up the word "jurisdiction".

      If you still don't understand, GTFOH.

    • Ok, here's a USA analog:

      Mississippi passes a law. It doesn't matter what the law is, or what context it's in for this example. And I'm not picking directly on Mississippi, I chose that state randomly.

      The reading of that law's text appears to conflict with the United States Constitution in some way.

      Mississippi attempts to enforce their new law on someone.

      That someone hires a competent lawyer, who countersues in federal court that the Mississippi law is unconstitutional, and also asks for an injunction agai

  • You completely miss the purpose of government. I can hardly do better than to quote the US Constitution: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." However if you insists on government as a service provider we have off the t
  • What's to prevent Ireland from writing a check to Apple for 14B?

    • by bsolar ( 1176767 )

      What's to prevent Ireland from writing a check to Apple for 14B?

      That would be effectively Apple receiving government support from Ireland, i.e. a state aid, which is generally prohibited in the EU [europa.eu].

      A company receiving government support may gain a distortive advantage over its competitors. Therefore, Article 107 TFEU generally prohibits State aid unless exceptionally justified.

      Given the specific situation here, there is zero chance that such a state aid would be deemed justified.

  • Ireland had low tax levels. Someone abused it (supposedly). Now they pay the taxes they should have to... Ireland?

"The eleventh commandment was `Thou Shalt Compute' or `Thou Shalt Not Compute' -- I forget which." -- Epigrams in Programming, ACM SIGPLAN Sept. 1982

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