The EC, Ireland and Apple: time to be reasonable

The European Commission´s decision regarding Apple is the new subject in the priority list of EU concerns. Two days ago, after a two-year probe, Brussels announced that the tax favours Ireland had offered Apple during many years had been judged illegal. It ordered the US multinational to pay tax arrears – just €13 billion plus interest, which adds another €1.4 billion to the bill.

Now, the government of Ireland says they do not approve of the EC ruling. They don’t want the money and consequently they have decided to seize the European Court of Justice for it to annul the decision taken by Brussels.

This matter raises a number of issues.

On the political front, there are several: it complicates the economic and trade relations with the US, taking into account that the US Administration itself has in the recent past imposed very heavy fines on EU companies; it questions the role of the EC on matters of national taxes, particularly when the country in question is at the periphery of the European economic space, has very limited resources and needs to attract investment to generate jobs; and there is the impact of all this on public opinion, at a time when the European citizens are drowning in deep tax waters, being taxed beyond the reasonable and seeing, at the same time, that the big corporations can do smart tax planning and pay amounts as low as 0,005% on gains, as Apple did in Ireland in 2014.

On the legal front, we can expect a long process. It will be a field day for lawyers and lovers intricate disputes.  It will particularly be interesting to study the arguments of each side. There will a new doctrine on multinationals, on national taxes, on investment advantages and benefits. It will be fascinating, if one is patient enough to follow the matter.

However, the best solution would be an arbitration. That´s what we have to recommend. There is a case, no doubt, but there is also an excellent opportunity to be realistic and even-handed.

Spain is getting back on its feet

I just spent a good number of days travelling in the Andalusia Region, in Southern Spain. I saw once again a country full of dynamism. To me, all signs appeared to show that the economic recovery is firmly on its way. Business is moving up. This is certainly good news.

It is also true that people keep complaining about the cost of living, the scarcity of job opportunities and the high-handed taxation system. They are certainly right. Spain, like other EU countries, is putting too much pressure on the working people. They are the ones that finance a good deal of the recovery. They are the ones that get heavily taxed. And this should not be the case. 

Tax havens

Hong Kong is included in the just published EU list of tax havens for corporations. It is one of the 30 countries and territories enumerated.

The Hong Kong authorities have reacted with great surprise to their listing. And they are right as the territory has now in place a number of mechanisms to share information. It is true that the territory´s taxes are low. But that´s a political choice. It is part of the competition at the international level.

Many other countries have low corporate taxes and are not listed by the EU. Do you want an example? Look at the Delaware tax system in the US and you will see what competition means. Not to mention Luxembourg, an EU country with a very advantageous tax system for big companies. Luxembourg is not in the list…