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Fact-Checking Apple’s Claims on E.U. Tax Ruling

The New York Times Original article ›
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Fact checking Apple CEO Tim Cook's statements on the EU Commission ruling for $13 billion in back taxes, shows that CEO Tim Cook's statement that "we never asked for, nor did we receive any special deals," is not true. Ireland let Apple determine what it would pay in tax, and Apple had the benefit of loopholes in Irish tax laws, the fact check by experts shows here. Apple's Cook also says it would hurt investment and jobs in Ireland. Another NYT article showed that the entire healthcare budget of Ireland would be covered by the $13 billion, and 66% of its budget for social support services to the public. Apple has 22,000 employees in Europe and 6000 in Ireland in 2016. Based on the $13 billion owed in taxes, for every job in Ireland the cost to Ireland is 2.17 million euros, and for every job in the EU the cost is 590,000 euros. Apple could turn around and locate in some other place, other than Ireland, in which case Ireland does not get the 6000 jobs. This is Ireland's incentive to give Apple tax benefits. Only if all EU countries had common tax laws would it be possible to avoid this situation, and generate much needed tax revenues at a time of cuts in public spending in healthcare, education, and social services, and invest in infrastructure, worker retraining. The alternative is for the EU to look at other remedies. This is what the EU Commissioner Vestager did when she announced that this was a state subsidy and illegal under EU rules. Because the appeal by Apple goes to the EU Courts the appeal is difficult say legal experts. The EU courts look at the legal aspects of the ruling, was it justified, not at the overall aspect of the ruling by Vestager, as EU Competition Commissioner. This may be why there is so much outcry from Apple, and other digital companies. 


Fact checking the statements by Apple CEO Tim Cook on the European Union Commission's ruling of $13 billion in back taxes owed

08/31/2016

NYT's fact check on Apple CEO's letter to the EU Commission. The appeal say legal experts is not as likely to lead to a reversal of the ruling as Tim Cook says it would be, because of the way the EU courts operate based only on looking at the legal aspects of the EU's authority, not the overall case. Public opinion is also shifting rapidly in favor of corporations paying their fair share of taxes, and corporations are lagging in their understanding and grasp of public opinion- the extent to which the middle and working classes have slipped in the last decade of financial crises and shifting of jobs overseas, what Theresa May, the British prime minister has called "burning injustice." Two thirds of Ireland's social services budget and its entire national health service budget is what the $13 billion pays for. During 2009-2013 Ireland suffered a severe crisis with deep cuts in public spending, and rising poverty.

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Fact-Checking Apple’s Claims on E.U. Tax Ruling

The New York Times 08/31/2016

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Ireland Defends Tax Laws to Critics at Home and Abroad

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Global Firms' Tax Practices Draw U.K. Ire

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Grouped Articles

Europe Tackles Tax Evasion

Wall Street Journal 05/22/2013

Apple CEO Tim Cook, Lawmakers Square Off Over Taxes

Wall Street Journal 05/22/2013

Apple's Tax Strategy Aims at Low-Tax States and Nations

New York Times 04/28/2012

Ireland Defends Tax Laws to Critics at Home and Abroad

New York Times 05/21/2013

Global Firms' Tax Practices Draw U.K. Ire

Wall Street Journal 05/23/2013

The Corrosive Effect of Apple’s Tax Avoidance

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Public perceptions of Pfizer's strategies in pursuing the acquisition of Astra-Zeneca- tax avoidance at a time of large government deficits and cuts in public services

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For acquisitions to succeed and be a win-win for both companies there have to be ways in which the productivity of capital can be increased through creative endeavors, new products, and savings, beyond maneouvres around tax laws. An editorial in the NYT makes this point.

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Angel Gurria, Secretary General of OECD, on the loss of three times of foreign aid for developing countries though tax evasion using tax havens

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Poorer developing countries have a large informal economy which does not generate tax revenue. These countries depend on foreign investment, taxes on transactions and the small formal economy to generate tax revenue. Angel Gurria, head of the OECD, says ppor countries lose three times what they get in foreign aid because of tax evasion. Estimates show that about half of foreign investment coming to poor countries comes through tax havens. Typical is a transaction by Vodafone that bought Hutchison Essar in India in an offshore to offshore transaction because both companies are based in tax havens in places like the Netherlands and Mauritius. If this was not the case it would generate $2.2 billion in tax revenues for India, about what it costs to provide subsidized meals to schoolchildren in India, according to Max Bearak of the Washington Post. The Panama Papers Scandal in 2016 revived the issue of tax havens, and tax evasion, that was a major issue in the media coverage following the 2008 financial crisis.

Grouped Articles

How global tax evasion keeps poor countries poor - The Washington Post

Washington Post 04/08/2016

Fact-Checking Apple’s Claims on E.U. Tax Ruling

The New York Times 08/31/2016


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