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I guess the people are just shocked about the 0.005 % tax. This is not fair. No matter what phone I bought or how much I like my MacBook. This is just not fair.

It may not be fair, but it is what it is.

Apple paid what the laws in Ireland said Apple should pay. We shouldn't be faulting Apple for following Ireland's laws.
 

Exactly what? They do use those funds (opposed to what you stated earlier), the money doesn't just "sit there". Also, that seems to me like they don't want to repatriate said money (opposed to what you implied earlier). Now you can argue that they want to strong-arm the US government for a sweet deal..but I guess we all know why they don't say that out loud..
 
The EU commissars in Brussels, however, can't make the taxation argument since the law is not on their side. Instead, they use an antitrust argument, in essence saying that the low tax rate in Ireland amounts to a state aid subsidy under EU rules for corporations based there. Brussels is trying to force Dublin to collect €13 billion in revenue and interest that the Irish government never wanted. A specious claim if I ever heard one.

It does not matter what Ireland wants. Of course Ireland does not want to collect this money, because that was the whole point of the scheme in the first place. This particular scheme is unlawful under EU law, to which Irish law is subjected, and it is the Commission’s purpose to enforce it.

The Commission cannot make the ’taxation argument’, because that is not what this is about. That this is about taxation is only incidental, the crux of the Commission’s decision is that Apple, a private company, received public money from Ireland on an individual basis. The EU has had strict rules for this exact situation since the original European Economic Community Treaty (1958). Member States are generally not allowed to use their public money to favour particular companies, because it violates the ideals of the free market and reduces cross-border and domestic competition. If Ireland does not want money from Apple, then it has to do his through general taxation, not by selectively exempting certain companies.
 
It is truly astonishing how many representatives the Entitlement and Gimmie Generations have here...and even more so astonishing how many of them are corporate and international tax law experts.

The Greatest Generation gave way to the Building Generation, which then created the Spending Generation. The Spending Generation gave birth to the Entitlement Generation, and now the Entitlement Generation is spawning the Gimmie Generation, who will occupy your cities until they get "their fair share." Somehow, they feel they are owed something simply because they exist.
 
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Tim Cook has chops, and he's absolutely, 100% right.

If the EU commission has a problem with alleged Ireland state aids, then it should fine Ireland, not Apple.

Obeying the current law should never lead to punishment.

They are not setting a fine for anyone. Apple only has to pay the normal Irish corporate tax.

It may not be fair, but it is what it is.

Apple paid what the laws in Ireland said Apple should pay. We shouldn't be faulting Apple for following Ireland's laws.

What law? According to Irish tax code the corporate tax rate is 12.5%. This is the whole problem! Apple didn't pay what the law says. What Apple did is they negotiated to receive illegal (against EU tax treaty which Ireland has ratified) financial aid and now they have to pay what the law says. If one actually believes that Apple didn't know this is illegal then they are gullible fools.

Lets put it this way. Why do you think Apple has most of they IP in Ireland? So that they can avoid paying EU and US taxes.
 
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Exactly what? They do use those funds (opposed to what you stated earlier), the money doesn't just "sit there". Also, that seems to me like they don't want to repatriate said money (opposed to what you implied earlier). Now you can argue that they want to strong-arm the US government for a sweet deal..but I guess we all know why they don't say that out loud..
You missed the part that if they do use those funds, they pay taxes on what they use.

"where they can be deployed efficiently to fund international operations at a lower cost."

By "lower cost" they mean at the local tax rate where they are needed, rather than the higher rate charged by the U.S.
 
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Because they are hoping that the U.S. eventually lowers the tax rate they will charge to repatriate the money.

(And Apple doesn't pay anything to Ireland on the income allocated to the stateless corporation.)

Oh. Couldn't one argue that is pretty much tax avoidance? Or at least the hope of tax avoidance? Not trying to be a jerk, by the way. You're educating me on the subject.
 
It is truly astonishing how many representatives the Entitlement and Gimmie Generations have here...and even more so astonishing how many of them are corporate and international tax law experts.

The Greatest Generation gave way to the Building Generation, which then created the Spending Generation. The Spending Generation gave birth to the Entitlement Generation, and now the Entitlement Generation is spawning the Gimmie Generation, who will occupy your cities until they get "their fair share." Somehow, they feel they are owed something simply because they exist.

You lost me, is Apple part of the Entitlement Generation or Gimmie Generation?!
 
If one actually believes that Apple didn't know this is illegal then they gullible fools.
Then the EU has been gullible fools for 30 years. Or... it's not as cut and dry as you think.

Oh. Couldn't one argue that is pretty much tax avoidance? Or at least the hope of tax avoidance? Not trying to be a jerk, by the way. You're educating me on the subject.
Sure. Nothing wrong with tax avoidance. Happens every time you take a deduction.
 
I've paid my fair share of taxes and will only pay 0.005% this year. I wonder what the IRS will think. I hope Timmy will support me and the others that follow his moral crusade.
 
Tim Cook has chops, and he's absolutely, 100% right.

If the EU commission has a problem with alleged Ireland state aids, then it should fine Ireland, not Apple.

Obeying the current law should never lead to punishment.

Agree, but which law? There are so many, so many countries involved especially when transferring money. It is a serious grey area.
 
Boy if Tim keeps up this stance pretty soon he will be a libertarian. You mean a gigantic leviathan government will be dishonest and bend laws and requirements to get what thinks it's best for the elites who run it? Say it isn't so Timmy?!? However, philosophy aside in addition to fighting this legally you may want to pick up the phone, donate a few million to the Clinton Foundation, a few million to Hillarys campaign so you can get some time with her and she can probably put some leverage on the EU for you. Unless they offer her more of course. But either way - probably less than 14 billion. You can buy a lot of politicians for 14 billion.
 
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You missed the part that if they do use those funds, they pay taxes on what they use.

"where they can be deployed efficiently to fund international operations at a lower cost."

By "lower cost" they mean at the local tax rate where they are needed, rather than the higher rate charged by the U.S.

Ehm, and what local tax rate would that be? As we learned, AOI is located in fantasy land.
 
Ireland is a sovereign nation. Its THEIR laws. They say Apple fully compiled with THEIR law. A foreign body, the EU, has NO right to say otherwise. Only the Irish government can decide if Apple broke IRISH tax law
 
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I agree with you actually, but i do find it amusing how the forum has suddenly become full of experts on Irish Tax Law in the last few days .... People are posting completely wrong misinformed rants.

Apple should indeed pay it's appropriate taxes in USA and the rest of the world, but it is not the job of the Irish Revenue Commissioners to do that and certainly the 'retrospective' tax ruling is legally standing on very dodgy ground.

Let's say it like this: Apple might be on the right side on this specific issue, but they are wrong when it comes to taxes overall. They shouldn't really speak up too much but be glad that they get through with their enourmous tax evasion.
 
"A.O.I., short for Apple Operations International. And this version of Apple is much harder to pin down; it’s something like a quantum corporation whose very nature depends on who is observing it. A.O.I. is, in one sense, huge, among the largest companies that ever existed, with more than two hundred billion dollars in assets. It is also as small as a company can be, with no physical address and no employees. Phillip Bullock, the head of tax operations for Apple, told a U.S. Senate committee in 2013 that “A.O.I. is incorporated in Ireland; thus, under U.S. law it is not tax resident in the U.S.” That seemed clear enough until his next sentence. “A.O.I. is also not tax resident in Ireland because it does not meet the fact-specific residency requirements of Irish law.” It’s Irish, according to American law; not Irish, according to the Irish. A.O.I., in fact, does not legally exist anywhere, even as it takes in much of the profits from Apple sales outside of the United States."

source
That doesn't meet the definition of a shell company. Shells have no employees. Apple is the largest employer in Ireland
 
Ehm, and what local tax rate would that be? As we learned, AOI is located in fantasy land.
Again, the rate wherever the use the money. They can't spend the money in fantasy land! :)

For example, it they need to pay for a new data center in Germany, the transfer the income from fantasy land to their German subsidiary, pay German income taxes, and use the money to build the data center.
 
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"Total political crap"... from a guy fund raising for Hillary... that's rich! He inserts himself into politics and then complains when politics impact Apple that don't align with his politics, and are not convenient for him.
 
"Total political crap"... from a guy fund raising for Hillary... that's rich! He inserts himself into politics and then complains when politics impact Apple that don't align with his politics, and are not convenient for him.
Apple didn't raise money for anyone. He did that as a private citizen
 
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Ireland is a sovereign nation. Its THEIR laws. They say Apple fully compiled with THEIR law. A foreign body, the EU, has NO right to say otherwise. Only the Irish government can decide if Apple broke IRISH tax law

No, Ireland is not a souvereign country with regards to state subsidies. They have signed several EU contracts that limit their freedom here for the good of fair competition.
 
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