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Apple’s Tim Cook says European Union tax ruling ‘total political crap’

Even Australia’s much vaunted “Diverted Profits Tax” is expected to raise relatively little money (A$50m, or NZ$53m, a year) and is arguably more for show.

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Speaking about the company’s relationship with Ireland on RTE’s Morning Ireland, Cook likened the it to a “37-year old marriage”. Apple said it abided by all laws, but the E.C. says the tax structure amounts to a subsidy and has ordered Apple to pay $15 billion in back taxes.

U.S. Treasury Secretary Jacob Lew on Wednesday criticized a European ruling that Apple owes more than $14.5 billion in back taxes.

So now that the EU Commission has handed down their ruling, penalizing Apple with the largest corporate tax bill on record, what does Apple’s CEO really think about it?

US tax law allows companies to retain earnings offshore with taxes put off until the money is repatriated, and the sum out there has climbed quickly over the past decade.

“It appears. they’ve invited folks to come forward and try and claim a piece of this settlement”, said Jennifer McCloskey, director of government affairs at the Information Technology Industry Council, a business group representing more than 60 global companies, including Apple.

The U.S. Treasury has repeatedly pushed back hard against European Union state-aid probes, saying last week that the Brussels-based commission is taking on the role of a “supra-national tax authority” that has the scope to threaten global tax reform deals.

Now the companies say they are ready to pay taxes on the money in the United States, just not at the current rate the US government would assess.

Unfortunately, besides the catastrophic loss of income for the accountancy and tax-law professions, governments will be reluctant to be the first to introduce a system that might not be mirrored elsewhere.

The rate in the United States is 35 percent while neighbouring Canada’s is just 15 percent. What our tax payments are, we disclose them worldwide.

After a three-year investigation, the Commission said Ireland had empowered Apple to pay substantially less than other businesses, in effect paying a corporate tax rate of no longer than 1%.

Jonas Koponen at law firm Linklaters called the massive tax demand for Apple a wake-up call for others to be wary of how political institutions, not just in Europe, were responding to popular pressure to gather more taxes from rich corporations and the danger that posed of legal turmoil and reputational damage.

Independent lawmakers in the ruling minority coalition said they needed to know more about the consequences before they could back the appeal. But it seems pretty clear that the devices used by US tech giants to shift their European income to not just low-tax jurisdictions but nonexistent ones are proving to be a step too far. “In effect, it is creating a new minimum tax for multinationals”.

Not necessarily. Companies are taxed on where they conduct their activities, not where they sell products. That should push the next US president and Congress to expedite tax reform in 2017.

The Government’s urged to take a fresh look at tax laws in the wake of a European Commission ruling that Apple must pay Ireland $20 billion in back taxes.

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The commission denied that it is targeting USA businesses, and instead said that EU rules ban member states from offering tax breaks that are not available in other European countries.

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