LONDON, UK / ACCESSWIRE / August 31, 2016 / Active Wall St. blog coverage looks at the headline from Apple Inc. (NASDAQ: AAPL). On August 30, 2016, The European Commission ordered the Irish government to recover a record 13 billion Euros ($14.5 billion) plus interest from Apple Inc. Register with us now for your free membership and blog access at: http://www.activewallst.com/register/.
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The executive arm of the European Union stated that Ireland granted undue tax advantage to the iPhone maker, allowing it to pay an effective corporate tax rate of 1% on its European profits in 2003 down to 0.005% in 2014. Ireland and Apple both disagreed with the decision and would appeal against it.
“Member states cannot give tax benefits to selected companies – this is illegal under EU state aid rules,” said Commissioner Margrethe Vestager, “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 Tax Arrangement
Apple incorporated subsidiaries in Ireland, but the company has stated that they are not tax-resident in the country. About 90% of its foreign profits are sent to Ireland and then channelled to its subsidiaries which have no tax residence.
Source: European Union
Vestager said that Apple was allowed to allocate almost all sales profits to a head office that “only existed on paper”. This head office “has no employees, it has no premises, and it has no real activities,” she also stated,”The head office was subject to no tax in Ireland or elsewhere.”
Apple first relocated its overseas operations to Ireland in 1980, and signed up an arrangement with the Irish authorities in 1991, until 2007, allowing the company to pay a much lower corporate tax rate in some years; as low as 2%. The tax rate under the deal was far less than the country’s standard corporate tax rate of 12.5%, already the lowest in the EU, and substantially lower than the 35% tax rate in the U.S.
Low income taxes are the cornerstone of Irish economic policy, drawing a number of foreign companies looking to lower their tax bill. According to the American Chamber of Commerce in Ireland, more than 700 U.S. companies have units there, employing 140,000 people.
The Tax Precedent
The Apple case may set a precedent on tax collections, amid a recent crackdown from European Commission on a number of companies to investigate “state aid” provisions. In October 2015, the Commission ordered Luxembourg and the Netherlands to recover €20million to €30 million in unpaid tax from Fiat Chrysler Automobiles N.V. and Starbucks Corp., respectively, in order to remove the unfair competitive advantage they have enjoyed and to restore equal treatment with other companies in similar situations. In December 2015, the commission opened investigations into Luxembourg’s tax agreements with McDonald’s Corp. In January, 2016, the commission ordered Belgium to recover approximately 700 million euros from 35 large companies.
‘Profound and harmful effect’
Apple said the decision would be harmful for jobs.
“The European Commission has launched an effort to rewrite Apple’s history in Europe, ignore Ireland’s tax laws and upend the international tax system in the process,” the company said in a statement, “The Commission’s case is not about how much Apple pays in taxes, it’s about which government collects the money. It will have a profound and harmful effect on investment and job creation in Europe.”
The Irish government held a similar view.
“I disagree profoundly with the Commission,” said Ireland’s finance minister, Michael Noonan, in a statement, “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.”
The U.S. Treasury Department, which has pushed back hard against the EU state-aid probes, said the commission’s actions “could threaten to undermine foreign investment, the business climate in Europe, and the important spirit of economic partnership between the U.S. and the EU.”
Enough in Bank
Although the amount demanded is the highest ever in a state-aid case, it is unlikely to be a major issue for Apple, the world’s richest. As of last month, Apple had $232 billion of cash and marketable securities, with about $214 billion of that being held overseas. The expected appeal and the subsequent final decision at the EU courts may be a process, with the final amount Apple required to pay would not be finalized until then. The money can be held in escrow pending a ruling.
Stock Performance
Apple’s stock is down 0.77%, finishing yesterday’s trading session at $106.00 on a total volume of 24.81 million shares traded. Shares of the company have gained 8.24% in the last 3 months and 6.42% in the previous 6 months. Additionally, since the start of the year, Apple’s stock has advanced 2.42%. The company’s shares are trading at a PE ratio of 12.38.
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