[Swordmaker]

Ireland's executive Cabinet has voted to appeal the EU's Antitrust Commission's demand that Ireland bill Apple for 13.5 Billion Euros in back taxes in violation of the EU's treaty. — PING!

Apple, Ireland, and the US V. EU Antitrust Commission
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[xp38]

I thought this was about real apples not the techie ones.

[pepsionice]

I believe the chief question will be where exactly in the wording of the joining-document....did they give the EU authority over their state taxation rules.

I believe what will happen though....over and over...the EU or it’s EU-court device....will continue to say that they have some authority over taxes. At some point, a dozen countries out of the EU will stand up and just say ‘no’....there is no such authority and challenge legitimate nature of the EU on taxes.

It’s the same with the EU needing to establish toaster regulation in the past couple of months. You just start laughing at what the EU chooses to get involved in. They need to just bring their legislative members in for 90 days a year and force them to return home for the remainder of the year.

[Navy Patriot]

Irish cabinet decides to fight EU on Apple tax

Hey Micks, IREXIT will get their attention, or do you like rule by Belgian pedophiles?

[Junk Silver]

Two of the most frightening words I’ve ever heard are “international bureaucrat”.

If we let Hillary sneak into the White House we’ll be dealing with plenty of them for years to come.

[Scrambler Bob]

protect a tax regime that has attracted large numbers of multinational employers.
= = =

It’s unfair that Ireland attracted more employers than their surrounding tax-happy neighbors.

[GoldenPup]

Before any of this is paid, Hell will freeze over or the Clintons will tell the truth! Ain’t gonna happen.

[fella]

It’s cheaper for Apple to pay the Irish politicians one time than to pay the EU tax forever.

[Brian Griffin]

“EU governments should also ensure their corporate tax regimes are open and fair, and not designed in a way which might unfairly lure firms away from other EU countries, or otherwise erode the tax base there. To this end, they have signed up to a code of conduct pledging not to do this.”

https://europa.eu/european-union/topics/taxation_en

The Code of Conduct for business taxation was set out in the conclusions of the Council of Economics and Finance Ministers (ECOFIN) of 1 December 1997. The text of these conclusions •••
The Code is not a legally binding instrument
....
The criteria for identifying potentially harmful measures include:
•an effective level of taxation which is significantly lower than the general level of taxation in the country concerned;
•tax benefits reserved for non-residents;
•tax incentives for activities which are isolated from the domestic economy and therefore have no impact on the national tax base;
•granting of tax advantages even in the absence of any real economic activity;
•the basis of profit determination for companies in a multinational group departs from internationally accepted rules, in particular those approved by the OECD;
•lack of transparency.”

“For beneficiaries of those regimes on or before 31/12/2000, a “grand-fathering” clause has been provided under which benefits have to lapse no later than 31/12/2005, independently of whether or not they were granted for a fixed period. Some extensions of benefits for defined periods of time beyond 2005 have been agreed for measures in Member States and their dependent and associated territories.”

“The Anti Tax Avoidance Package adopted on 28 January 2016 is part of the Commission’s ambitious agenda for fairer, simpler and more effective corporate taxation in the EU. The Package contains concrete measures to prevent aggressive tax planning, boost tax transparency and create a level playing field for all businesses in the EU.”

“The tax systems in Member States also have to be in line with Community State aid rules. According to Article 87, paragraph 1 of the EC Treaty any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between Member States, be incompatible with the common market. State aid rules apply regardless of the form the aid is given in, i.e. any kind of tax relief can constitute State aid if the other criteria are fulfilled.

“However, even if a measure fulfils the criteria for being State aid there are a number of situations where an aid can be deemed as compatible State aid (cf. Article 87, paragraphs 2 and 3 of the EC Treaty).”

http://ec.europa.eu/taxation_customs/business/company-tax/harmful-tax-competition_en

[Brian Griffin]

Article 87 of the EC Treaty (ex Article 92)

1.Save as otherwise provided in this Treaty, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, insofar as it affects trade between Member States, be incompatible with the common market.

2.The following shall be compatible with the common market:

(a) aid having a social character, granted to individual consumers, provided that such aid is granted without discrimination related to the origin of the products concerned;

(b) aid to make good the damage caused by natural disasters or exceptional occurrences;

(c) aid granted to the economy of certain areas of the Federal Republic of Germany affected by the division of Germany, insofar as such aid is required in order to compensate for the economic disadvantages caused by that division.

3.The following may be considered to be compatible with the common market:

(a) aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious underemployment;

(b) aid to promote the execution of an important project of common European interest or to remedy a serious disturbance in the economy of a Member State;

(c) aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the common interest;

(d) aid to promote culture and heritage conservation where such aid does not affect trading conditions and competition in the Community to an extent that is contrary to the common interest;

(e) such other categories of aid as may be specified by decision of the Council acting by a qualified majority on a proposal from the Commission.

http://ec.europa.eu/competition/legislation/treaties/ec/art87_en.html