The European Commission has just completed a three-year
investigation into Apple’s taxes, and they’ve determined that the benefits the
company receives from Irish banking entities are illegal. As a result, Apple
will have to pay 13 billion Euros to Ireland, and a precedent is now set that
puts other massive multinational companies like Google in a tight spot.
What’s interesting is that Ireland has no interest in collecting
the money. Finance minister Michael Noonan has gone on record saying, “I
disagree profoundly with the Commission… The decision leaves me with no choice
but to seek cabinet approval to appeal. This is necessary to defend the
integrity of our tax system; to provide tax certainty to business; and to
challenge the encroachment of EU state aid rules into the sovereign member
state competence of taxation.”
Apple is unsurprisingly in the same boat claiming, “Apple follows
the law and pays all of the taxes we owe wherever we operate. We will appeal
and we are confident the decision will be overturned.” The company went further
to say that the Commission’s case is needlessly aggressive and harmful to the
economy
The Commission is standing their ground, stating that Apple’s
taxable profits “did not correspond to economic reality.” The current corporate
tax rate in Ireland is 12.5 percent. In 2003, the European Commission concluded
that Apple paid a mere 1 percent in taxes, and that in 2014 they paid less than
.01 percent.
The Commission says that all they are doing is requiring Apple to
pay taxes that they would have owed anyway. “The Commission’s investigation
concluded that Ireland granted illegal tax benefits to Apple, which enabled it
to pay substantially less tax than other businesses over many years.”
The reason that Ireland doesn’t want Apple to have to pay these
back taxes is that their leniency on international businesses drives a lot of
commerce through their system. In the aftermath of this Apple decision, the
Commission is gearing up to investigate Google in a similar capacity.
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