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Comment Re:The EU needs money desperately (Score 3, Insightful) 397

The Irish government are a member of a club that has rules, and they where breaking the rules of that club. Ireland could just leave the club if they wished, but then the illegal deal they gave Apple would not have been possible. While in the club they need to abide by the rules of the club. That club of course being the EEC/EU.

Comment Re:Proves that Brexit was the right call (Score 3, Insightful) 397

More Brexiter nonsense and ignorance.

Ireland could only make that attractive deal with Apple because they where in the EU. The deal is that Apple don't have to pay tax on profits generated in the EU outside Ireland in exchange for setting your headquarters up in Ireland. If you are outside the EU you can't offer that tax deal because "tax passporting" aka a firm in the EU only has to pay tax on the profits in the EU in theq country it is head quartered would not be possible.

So while Apple was compliant with the tax laws of Ireland, Ireland by giving a special deal to Apple was breaking EU state aid rules and the EU commission has every right in the world to poke their noses in.

Apple is wrong, the guidance of Dublin is all well and good, but that does not get you out of EU state aid rules, and they should have checked.

Comment Re:I hate Apple, but no (Score 4, Insightful) 397

The EU has enough clout that they easily enough force Apple to pay. They can either seize assets to the value of the back taxes and/or prohibit Apple from doing further business in the EU, which would even with a 14billion Euro back tax bill be economic suicide for Apple to pull out of the EU.

Now while Ireland might be upset that the jobs are going, they are not going from the EU because Apple will still need an operation inside the EU to trade there, and the EU Commission does not favour the jobs being in Ireland over anywhere else inside the EU.

So as far as I am concerned both Apple and Ireland can go pound sand.

Comment Re:The EU needs money desperately (Score 5, Informative) 397

Funnelling the sales through Ireland was not illegal.

What was illegal was Ireland giving Apple a special tax deal where they only needed to pay tax on profits generated in Ireland, so all the profits from sales in the rest of the EU where tax free. EU has now decided that this is against the state aid rules. Had every firm in Ireland had the same tax deal it would not have been illegal.

So while Mr. Cook is claiming that they complied with Irish law and may well be right, this is utterly irrelevant to whether they broke EU laws.

Comment Re:Money (Score 1, Informative) 397

Yes but 6500 jobs plus the tax from profits in Ireland is better than nothing. That back tax which the EU want paying would not have been paid to the Irish government had they not given Apple the special tax deal. So the deal that Ireland cut Apple was good for Ireland. Problem for Ireland and Apple is the deal has been ruled illegal under EU state aid laws.

Comment Re:I hate Apple, but no (Score 5, Informative) 397

Apple got a special tax deal from the Irish government in exchange for locating their European headquarters in Ireland. This has been ruled illegal state aid which was illegal at the time.

A number of other companies such as Microsoft, Dell and Google have similar arrangements and they are now all under investigation.

Comment Re:The technology is not ready yet (Score 1) 138

Because the requirements to be a pilot in a commercial airliner are orders of magnitude harder than to drive a car. To be a commercial airliner pilot you will have to log thousands of hours of flying time and be regularly re-evaluated.

On the other hand plenty of states in the USA will allow children under 16 a full drivers license, and every state in the USA will allow a learners permit from 16 at the latest.

Apples and oranges comparison.

Comment Re:We Americans should hit Apple with an European (Score 1) 194

Wrong under EU tax law a company registered in the EU only has to pay tax on it's profits generated in the whole of the EU in the country where it is registered.

So if Apple Ireland sells a iPhone in the UK or Germany the profit it makes on that is taxable in Ireland.

The problem is that Ireland cut Apple a special deal that says Apple only has to pay taxes on the profit made in Ireland. That's great for Ireland because it attracts Apple to locate it's headquarters in Ireland and that provides jobs, and they still get all the tax they otherwise would have.

On the other hand the rest of the EU is royally pissed off, and have decided that it amounts to illegal state aid, hence the fine. I believe in no particular order Microsoft, Dell and Google also do the same, so expect to see requirements for large back tax bills for these firms too in the not too distant future.

This is quite separate from the sell brandnames at inflated prices tax dodge that the likes of Starbucks operate.

It's also separate from the Amazon we don't actually make profits because we reinvested it all to grow the company so no tax to pay scheme that Amazon have historically operated. This is not a tax dodge in my view but Amazon have been almost unique it operating it for such a long period of time that it has been unfairly branded as a tax dodge.

Comment Re:For what, the last 20 years? (Score 1) 194

Except Apple are registering all the EU sales in Ireland making vast profits on that but only paying taxes on the profits for devices sold in Ireland. This works because Ireland is a small country in the EU.

The rest of the EU is upset about that and has decided that is illegal state aid and back taxes are owed, and I suspect Ireland will then be fined the amount of the back taxes so they don't get to profit from it.

It's not just Apple, other firms do the same, so Microsoft, Dell, and Google to name a few are likely to face large tax bills in the future once this has played out for doing exactly the same.

Submission + - Malibu Media stay lifted, motion to quash denied

NewYorkCountryLawyer writes: In the federal court for the Eastern District of New York, where all Malibu Media cases have been stayed for the past year, the Court has lifted the stay and denied the motion to quash in the lead case, thus permitting all 84 cases to move forward. In his 28-page decision (PDF), Magistrate Judge Steven I. Locke accepted the representations of Malibu's expert, one Michael Patzer from a company called Excipio, that in detecting BitTorrent infringement he relies on "direct detection" rather than "indirect detection", and that it is "not possible" for there to be misidentification.

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