TAX the European Commission asks Ireland to recover 13 billion euros in unpaid taxes from Apple …
and Ireland is slap on the wrist. The European Commission estimated on Tuesday that the Irish State has granted “undue tax advantages” to Apple. And the sum to recover these unpaid taxes, or a whopping 13 billion euros. In other words, Ireland has organized a fraud and she will be reimbursed for 13 billion euros defrauded … How is this possible? 20 Minutes is the point.
Why Ireland Is not rather pay?
But she s ‘East. The European Commission has not ordered Apple to pay 13 billion euros to Ireland. It ordered Ireland to recover 13 billion euros from Apple. Well, in the end, it’s still Apple is supposed to pay.
Why Ireland does she gets no real sanction?
Because the EU treaties do not provide for this possibility. For the European Commission, so the key is that the Irish State the same amount they should have received via Apple tax. Condemning Apple to pay 13 billion, Brussels also wants to restore some equality between the firm at the apple and other Irish companies, as the first paid for years much less tax (0.005% to 1% on its profits between years) than the latter (12.5% on their profits).
So, Ireland will pocket EUR 13 billion. It must rejoice …
Well, no. This is quite the opposite: the Irish government went to spend 667,000 euros (public money) for “legal services”, that is to say on lawyers to try to escape a condemnation from the European Commission. In other words, he fought for failing to recover 13 billion euros …
Now that he is convicted, he should not delay to appeal the decision. Michael Noonan, the Irish Finance Minister, said he expected “only” government approval to launch this action. The case would then go to the Court of Justice of the European Union (CJEU).
Why is not the EU that the cash sum?
Because the EU treaties do not provide. Yet in this case, they are all the EU Member States who have been cheated. Why ? Because Apple has not said its sales by country, but made up all its profits in Ireland, like all products were sold in Ireland … In the words of the European Commission, “the tax treatment by Ireland has allowed Apple to avoid tax on virtually all the profits generated by sales of Apple products throughout the EU single market. “
” This n ‘ is not fair but it’s not illegal, “laments Manon Aubry, spokesman of Oxfam France. In any case, the European Commission has no power to act on this. Moreover, Brussels has not condemned the Irish State because he did pay little tax to businesses installed on the ground, but because he did pay less tax to Apple and other companies. “States are sovereign taxation. Ireland is therefore free to grant the benefits it wants to companies, even if it comes at the expense of other member states, “said Olivier Petitjean, in charge of the Observatory of multinational companies.
But other countries, notably France can they do nothing
when: all European countries where Apple is installed, such as Germany, the United Kingdom or France, could apply to receive a portion of the 13 billion euros. The European Commission says very clearly in a statement. And that’s a first. But realistically, how could France get some of that money? 20 Minutes asked the question in Brussels. Answer: “Speaking directly to the company.” What makes Manon Aubry smile: “Even if the French tax administration so wishes, it would be hard to establish how many Apple products were actually sold on French soil and, therefore, how much France is entitled to recover on 13 billion euros. ” Olivier Petitjean, however, wants to believe in the possibility of this action. He welcomed in any case the decision of the European Commission, “really unprecedented.”
And so France she is considering an appeal?
We put the question to Bercy but we have not (yet?) been returned. Manon Aubry as Olivier Petitjean, “it is not impossible that France act as it did for Google.” That is to say that Bercy request financial Parquet an investigation of Apple for “aggravated tax fraud.” But if the French tax authorities embarked on this path, it does not necessarily communicate information,
forces.
tax secrecy
Apple Condemnation is not good news?
If it is. As underlined Olivier Petitjean, “the battle against tax evasion is not won, but is well underway.” And two are to enjoy. First, the penalty amount: 13 billion euros, a record. Then the determination of the European Commission which, despite pressure from Ireland
and the United States, did not yield
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