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Merckel is on Apple-Ireland-US side, too.

Going to be messy.
One thing I agree with her on. Never thought I would say that.

I guess Ireland values having their citizens working.

This fight should be interesting to see if the EU can withstand there pushback.
 
European Union competition law

This was nothing to do with competition law. This is about Tax and who has the right to collect it. Nothing at all to do with competition. Mrs Vestager has over stepped her mark.

Don't get me wrong here - I also think multinationals are not paying enough taxes - but this ham-fisted attempt by Mrs Vestager and the Competition Commission to say it was Illegal state-aid is a complete joke. It is almost embarrassing to be part of the EU with such a skewed and warped interpretation of Competition Rules/law.
[doublepost=1472834504][/doublepost]
It is not a power grab. It is their job.

I disagree. It is a tactic to subjugate the Irish into changing the 12.5% tax rate. It is very obvious.
 
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This was nothing to do with competition law. This is about Tax and who has the right to collect it. Nothing at all to do with competition. Mrs Vestager has over stepped her mark.

Don't get me wrong here - I also think multinationals are not paying enough taxes - but this ham-fisted attempt by Mrs Vestager and the Competition Commission to say it was Illegal state-aid is a complete joke. It is almost embarrassing to be part of the EU with such a skewed and warped interpretation of Competition Rules/law.
You don't think that State aid gives any unfair advantage to a corporation OR to the state itself when competing in a market where others apply the rule? Or if one corporation pays 12.5% and the second none? Or how can a company based in Finland compete with an American corporation, that doesn't pay the corporation taxes? The out come is, that either a) every state will low their taxes to zero or b) one country is filled with paper corporations where they route their money to tax heavens.

Anyway, this is the string EC is pulling, the State Aid. And that is under European Union Competition law.
 
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Also, Neelie Kroes (Steely Neelie, who gave Microsoft a hard time) who had the European Commissioner for Competition job until 2010 thinks Verstager, the current Commissioner, is doing it wrong.

How Steve Jobs of her. /fangirl
 
I disagree. It is a tactic to subjugate the Irish into changing the 12.5% tax rate. It is very obvious.
It is not obvious, if companies move to other countries, they can still suck profits from all over Europe, which is the real problem.
 
The commission made a tactical error by going for it all. In a real court of law, Apple will be able to prove that they were doing business in Ireland since the 80's, conducting the same partitioning of profits and taxes for over 20 years, and all 100% within existing tax laws.

It is not their fault that 'everyone' sees an issue with them playing by other peoples rules. The EU could have dropped the number a lot and leaned on Ireland to modify it's tax code. Instead they got greedy and went after a number so large that both Apple and Ireland will stand and fight. The EU / commission will never see a fraction of this money because they are arrogant and not thinking smartly.

In court Apple has no chance to prove anything useful, and they know it very well (and now it is just about how much they may lose if they fight vs how much they have to pay now). And there are few reasons for this:
  • The amount given is based on the minimal data that the EU commission has managed to get access to as Apple is extremely opaque on this.
    In court... Apple will have to open its accounting books and show a big reality of numbers that the whole world will get disgusted at. Interesting enough, Apple hasn't complained at all about the quantity the commission has pictured... :)
  • Apple has been doing business for long in Ireland but the whole point of the commission (and the tax laws) is that you cannot make so much money in one single place (Ireland) and barely have employees. The existing laws in each country of the EU and the EU laws say that you should pay taxes where you generate your revenue. And yes... Ireland has better numbers and some extra laws that Apple (and other companies) are using in collaboration with the Irish government to actually pay almost 0% as the EU commission pointed out.
    In court Apple will have to show that it would have an infrastructure big enough to support putting all that money thru Ireland, and this is rather complex. The EU commission hasn't spent more than 2 years investigating Apple and issuing a 130 pages report just to say that Apple owes a lot of money to many EU countries.
  • The EU commission cannot force any country to change its tax laws because we have freedom for that in the EU. However, there are some other laws in the EU that although they are not fiscal, they are quite tight to the tax scheme and Ireland and other EU and EEA members are abiding to which makes them liable to the EU commission (gladly for everyone). The EU commission has been complaining for years on these schemes played by companies and tried the EU parliament to change and harmonize the tax scheme in the EU and slowly we are getting there but not yet.
  • The EU commission will see all this money (and likely more) because it is not the EU nor the EU commission benefiting from this money. It is all EU members where Apple has made business that will see a cut of the money and they all want taxes to fund those things like free and high quality healthcare for everyone regardless of income or social status, good roads, pensions systems, proper and almost free education, etc...
  • And last, but not least, it is Apple's fault playing this game. Apple is putting all its machinery for environmental crap after it got a lot of criticism. The same applied for the people manufacturing its expensive stuff... and this matter of taxes will be the same.
    No one that has a reasonable amount of neurons can agree this it is fair to pay almost 0% taxes when you make billions.
I just can't wait for the day that Apple loses the ruling in the court... :D
 
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You don't think that State aid gives any unfair advantage to a corporation OR to the state itself when competing in a market where other apply the rule?

Anyway, this is the string EC is pulling, the State Aid. And that is under European Union Competition law.

This is an allegation from Mrs Vestager - a technocrat working in the Competition Commission. The allegation of Irish state-aid is a warped interpretation of the Competition Commission rules. Have a read of what her predecessor Mrs Neelie Kroes is saying about Mrs Vestager's ruling. Mrs Vestager (former Danish Prime minister) is loosing support fast around her. As I said already - it is almost embarrassing the way it is playing out..
 
It is not obvious, if companies move to other countries, they can still suck profits from all over Europe, which is the real problem.

But I thought it was state-aid? You see- thats where you loose the argument. The problem is the system not Ireland. The EU and global tax system is full of these legal loop-holes. This is not considered state-aid then is it?
 
It is not a power grab. It is their job.

"Their job" isn't to try to define economic policy of a nation by calling it state aid frivolously. Either the EU establishes a central economic plan, or they let the members run things independently. None of this "now that we're in the hole we'll change things 30 years after the fact" nonsense. Apple was given this deal by the elected officials in Ireland. Now the EU wants them to pay interest because Brussels disagrees decades later as if it's Apple's fault that the EU was more than happy to do nothing before they were strapped for money.
 
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But I thought it was state-aid? You see- thats where you loos the argument. The problem is the system not Ireland. The EU and global tax system is full of these legal loop-holes. This is not considered state-aid then is it?
No, the EU wants to make sure that Apple pays the taxes it owes in the EU, even if this means only to Ireland at their tax rate.

However, it has also encouraged tax agencies in each country to follow up, so they might claim against Ireland.
[doublepost=1472835785][/doublepost]
"Their job" isn't to try to define economic policy of a nation by calling it state aid frivolously. Either the EU establishes a central economic plan, or they let the members run things independently. None of this "now that we're in the hole we'll change things 30 years after the fact" nonsense. Apple was given this deal by the elected officials in Ireland. Now the EU wants them to pay interest because Brussels disagrees decades later as if it's Apple's fault that the EU was more than happy to do nothing before they were strapped for money.
I they took 30 years, it means they can claim as it is only for 13. It is not a free for all.

They have 1000 cases under investigation. The majority European companies.
 
This is an allegation from Mrs Vestager - a technocrat working in the Competition Commission. The allegation of Irish state-aid is a warped interpretation of the Competition Commission rules. Have a read of what her predecessor Mrs Neelie Kroes is saying about Mrs Vestager's ruling. Mrs Vestager (former Danish Prime minister) is loosing support fast around her. As I said already - it is almost embarrassing the way it is playing out..
It'll take few years before we're going to hear if her claims hold a water.

And no, she's not losing supports, but money has a lot of power, and she'll get the most evil enemies there are, who own media and (many) governments. However, what I've read from some newspapers (non-French), many EU members or their media or university professors are on EC side.

In God [money] we trust gang is going to be furious. I'm sure NSA has wired already everyone involved this case.
 
It seems they EU got some info from Australia, too.
[doublepost=1472837578][/doublepost]
Also, Neelie Kroes (Steely Neelie, who gave Microsoft a hard time) who had the European Commissioner for Competition job until 2010 thinks Verstager, the current Commissioner, is doing it wrong.
She works for Uber now.

Criticism rejected by the EU.
 
In court Apple has no chance to prove anything useful, and they know it very well (and now it is just about how much they may lose if they fight vs how much they have to pay now). And there are few reasons for this:
  • The amount given is based on the minimal data that the EU commission has managed to get access to as Apple is extremely opaque on this.
    In court... Apple will have to open its accounting books and show a big reality of numbers that the whole world will get disgusted at. Interesting enough, Apple hasn't complained at all about the quantity the commission has pictured... :)
  • Apple has been doing business for long in Ireland but the whole point of the commission (and the tax laws) is that you cannot make so much money in one single place (Ireland) and barely have employees. The existing laws in each country of the EU and the EU laws say that you should pay taxes where you generate your revenue. And yes... Ireland has better numbers and some extra laws that Apple (and other companies) are using in collaboration with the Irish government to actually pay almost 0% as the EU commission pointed out.
    In court Apple will have to show that it would have an infrastructure big enough to support putting all that money thru Ireland, and this is rather complex. The EU commission hasn't spent more than 2 years investigating Apple and issuing a 130 pages report just to say that Apple owes a lot of money to many EU countries.
  • The EU commission cannot force any country to change its tax laws because we have freedom for that in the EU. However, there are some other laws in the EU that although they are not fiscal, they are quite tight to the tax scheme and Ireland and other EU and EEA members are abiding to which makes them liable to the EU commission (gladly for everyone). The EU commission has been complaining for years on these schemes played by companies and tried the EU parliament to change and harmonize the tax scheme in the EU and slowly we are getting there but not yet.
  • The EU commission will see all this money (and likely more) because it is not the EU nor the EU commission benefiting from this money. It is all EU members where Apple has made business that will see a cut of the money and they all want taxes to fund those things like free and high quality healthcare for everyone regardless of income or social status, good roads, pensions systems, proper and almost free education, etc...
  • And last, but not least, it is Apple's fault playing this game. Apple is putting all its machinery for environmental crap after it got a lot of criticism. The same applied for the people manufacturing its expensive stuff... and this matter of taxes will be the same.
    No one that has a reasonable amount of neurons can agree this it is fair to pay almost 0% taxes when you make billions.
I just can't wait for the day that Apple loses the ruling in the court... :D


I know right! I won't be surprised if Apples share price dips a bit now, because almost everyone, who gets this ruling, knows Apple and Ireland don't stand a chance, taking on the EU competition commission is an increadibly brace and stupid thing to do.
Can't wait for the trial but I bet Apple and Ireland will wrap it up in legal proceedings for years before it does get to court.
 
Appeals can succeed.

All eyes on the "Santander" counter-appeal now.
 
Apple should change its motto to:

Designed in California
Sheltered in Ireland

:D
Nobody likes taxes. It’s easily possible for taxes to be too high. That’s why Burger King left the U.S.. It’s also why General Electric left Connecticut. Companies don’t like being overtaxed. If you overtax a company, they’ll just move.
 
The commission made a tactical error by going for it all. In a real court of law, Apple will be able to prove that they were doing business in Ireland since the 80's, conducting the same partitioning of profits and taxes for over 20 years, and all 100% within existing tax laws.

It is not their fault that 'everyone' sees an issue with them playing by other peoples rules. The EU could have dropped the number a lot and leaned on Ireland to modify it's tax code. Instead they got greedy and went after a number so large that both Apple and Ireland will stand and fight. The EU / commission will never see a fraction of this money because they are arrogant and not thinking smartly.

Yeah nice to see that you'd rather crawl up Apple's butt, but thank god Europe isn't that stupid.
"The EU got greedy" without even mentioning Apple's greed. Made my day.
 
Who the heck is she or her commission to dictate to any company its internal business decisions?

This whole issue stems from a mentality in Europe generally that the government is entitled to the proceeds of business, not the owners, not the employees, not the management. As far as they are concerned there is no capitalism or personal ownership at all.

They will be truly shocked and harmed when they kill the private sector goose that keeps laying golden eggs, to pay off their gross overspending, over indebtedness, and over printing of money, harming all users of money, especially poor people.

It is a circular self-feeding problem causing more problems, and as with any government, all problems require their further meddling and imposing themselves and their fiscally wrecked policies, further exasperating the societal pain!

We are watching it in slow motion.
Damn right, taxes should mostly be paid by the small man, for the small man!

Leave the poor companies alone, they WORKED for these profits after all and built all the roads they use to transfer goods, taught all men and women in THEIR schools and paid for ALL of their worker's health insurance after all!

Oh wait.

Glassed Silver:ios
 
Nobody likes taxes. It’s easily possible for taxes to be too high. That’s why Burger King left the U.S.. It’s also why General Electric left Connecticut. Companies don’t like being overtaxed. If you overtax a company, they’ll just move.
12.5% is way undertaxing already.
 
This is an allegation from Mrs Vestager - a technocrat working in the Competition Commission. The allegation of Irish state-aid is a warped interpretation of the Competition Commission rules. Have a read of what her predecessor Mrs Neelie Kroes is saying about Mrs Vestager's ruling. Mrs Vestager (former Danish Prime minister) is loosing support fast around her. As I said already - it is almost embarrassing the way it is playing out..

Maybe you think differently after reading this.

http://www.irishtimes.com/business/economy/ex-eu-commissioner-criticises-apple-tax-ruling-1.2776179

Current position


The Dutch politician, who headed the commission’s competition directorate from 2004 to 2010, now sits on the public policy board of the taxi-hailing business Uber, a technology group headquartered in California.


Uber uses subsidiaries in the Netherlands to shield its overseas income from US taxes.
 
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