back to article Are you avoiding tax, big tech firm? Not any more you won't, growl MEPs

MEPs in Strasbourg will tonight discuss how to stop the likes of Amazon and Apple from making deals with governments in order to pay next-to-no tax. The special committee on tax rulings was set up after the “Luxleaks” scandal exposed the scale of tax avoidance schemes carried out by big biz. The draft resolution calls on EU …

  1. Cynical Observer
    Pirate

    Who profits?

    €17bn - that's gotta go somewhere.

    I know that one should always be careful about killing the goose that lays the golden eggs but if it has to go then I bet the Irish Finance minister is thinking that this is one hell of a way to go.

    In the first instance, it would seem logical that it goes to the Irish Exchequer - but thereafter I suppose the EU will sharpen its talons and claim that Ireland's GDP has been understated for a number of years so there's a large settlement figure required.

    And then you have every other country trying to claim a cut based on where turnover rather than profit is recorded.

    Pull up some seats and make some popcorn - this one is going to run and run.

    1. Anonymous Coward
      Anonymous Coward

      Re: Who profits?

      You mean the EU project didn't remove all nationalism in Europe? Oh dear.

  2. Anonymous Coward
    Anonymous Coward

    good luck with that

    The only reason so much of Apple and it's ilk money is in Europe in the first place is to avoid US (and presumably other countries) corporate taxi. I understand the EU wanting their members to get their fair share of tax on European generated revenues but honestly even though the rate is low some of the countries probably already are. If they raise the rate the multinationals will find the next willing sucker country, the revenue being funnelled through EU countries will predictably go down significantly probably well below actual Europe revenues because guess who the best lawyers and accountants (hint not usually the government). My guess is this has as much to do with jealously of Ireland and a few others getting an advantage as an issue of fairness.

    1. Anonymous Coward
      Anonymous Coward

      Re: good luck with that

      I think it's not quite as easy as that, but I'm no expert so happy to be corrected.

      First of all, EU countries are under some agreement to collaborate on this - these local tax advantages are the opposite of what *should* happen and it is likely Ireland will suffer for what it has been trying to do here (it was not exactly hard to spot now, was it?).

      Secondly, a company that doesn't collaborate can't just wander out in a huff if the whole of the EU is starting to act as one (personally I don't see that happen, but bear with me), although they could try to pull a Microsoft here and threaten to close shop in the EU. I'm not quite sure what would happen then, but given Google apparent lack of any morals whatsoever I suspect they would be the first to try that one, because Europe isn't China.

      Companies will try to game the system for as long as they get away with it because all of that means shareholder profit, but if they're faced with losing a whole market they'll pay - it's simply the less costly option.

      1. codejunky Silver badge

        Re: good luck with that

        @AC

        "Companies will try to game the system for as long as they get away with it because all of that means shareholder profit, but if they're faced with losing a whole market they'll pay - it's simply the less costly option."

        Companies gaming the system? People want jobs and pressure the politicians who would prefer to have jobs and the money from a large business in their country (to pay the debts of the politicians and people). Why is it wrong for the company to pick the country that promises to take the least 'cut' from their earnings? Surely that is good business and provides the jobs/money that the country needs.

        It only becomes an issue when govs spend even more and people want them to spend even more but the money doesnt exist. Then they all look around for people to take it from.

        1. Anonymous Coward
          Anonymous Coward

          Re: good luck with that

          >It only becomes an issue when govs spend even more and people want them to spend even more but the money doesnt exist.

          Case in point Greece. They got a nasty surprise when they finally realized they couldn't just vote themselves German money.

      2. Anonymous Coward
        Anonymous Coward

        Re: good luck with that

        > but if they're faced with losing a whole market they'll pay

        They already have paid tax on the prince sums they already made. Things should only change going forward but who knows in Euroland (having to play under Euro rules is why Euro large caps have been destroyed by S&P 500 large caps since WW2). Again as you say this is more an EU vs Ireland (and a few others) than vs Apple. Yes Apple will play ball but as the poster above mentions probably the end result will be a lot more countries get a piece of the pie but my guess is over time the pie will actually diminish if the effective tax rate goes up because a lot of the money these companies are paying tax on are not on revenues generated in Europe. What these corporations do a lot of when dealing with other corporations is pay each other in the most tax friendly nation whenever possible, as well as borrowing money in high corporate tax rate countries (operating expenses, M&A, etc) and paying it back in low ones among many other tricks.

        1. Anonymous Coward
          Anonymous Coward

          Re: good luck with that

          >having to play under Euro rules

          Nationalizing BS aside I however will be the first to admit the EU not being quite as big a corporate bottom bitch as the US government also has its advantages for the public as opposed to purely looking at things from the stock holder perspective.

      3. LucreLout

        Re: good luck with that

        @Ac

        if they're faced with losing a whole market they'll pay - it's simply the less costly option.

        That depends. One of the things it depends on is Googles view of whether it needs the EU more than the EU needs it. Sure, techies can use any other search engine effectively enough, but I can well imagine lost productivity as the masses try to figure out Bing or Yahoo as opposed to what they know. To far too many people, Google is "The Internet".

        Another thing it depends on is how else they can turn that profit into something that isn't profit and therefore not taxable, but which allows profitability to rise in less hostile environments.

        1. Triggerfish

          Re: good luck with that

          I don't think people are that daft that they could not find an alternative, and anyway under that thinking a corporation can hold a Gov to ransom by threatening to withdraw its services, I hope we haven't reached that so fully yet.

        2. Naughtyhorse

          Re: figure out Bing

          really?

          'figure out'?

          it's a textbox ffs

          1. LucreLout

            Re: figure out Bing

            @Naughtyhorse

            really?

            'figure out'?

            it's a textbox ffs

            Yes, really which part of the word "users" is it you missed? :)

            Google don't only provide search - theres a whole bundle of services many people and businesses make use of from search or maps to Google Docs or Google Drive. Yes, it'd take me all of 30 seconds to switch away from Google, but it'd take a lot longer than that for my 70+ year old parents.

            Think of it like this - If the EU banned facebook, most over 40s wouldn't notice while most under 30's would have a fit. It is in every way a more trivial loss than Google would be, and yet the fallout from banning it would have politicians quaking in their illgotten second homes.

            What won't happen, no matter what contortions the "special committee" achieve, is Google paying 18% on its UK revenue minus its real operating costs and allowances. If they don't realise that then they're more special ed than special ops. So the question then becomes a balancing act - how much do you pragmatically expect to extract in additional revenue vs how much pain will it be to stop them doing business.

            1. Triggerfish

              Re: figure out Bing

              Again it's a corporation holding a country to ransom, and pain though it is I think you would have to push back as a goverment to show you cannot be so blatantly manipulated. Plus would be interesting to see what happens to googles services in other countries & businesses when they see that this is how google wields its power over them overtly.

  3. Anonymous Coward
    Anonymous Coward

    Those companies aren't doing anything that....

    any European company hasn't already done. Why are they being singled out? Hmmmmmm, let me think...could it be Politics? Somebody has to pay for all the "immigrants" now.

    If those government didn't like the deal when they made it, why did those same governments agree to it in the first place? Sounds like a bad case of buyers remorse. TOO BAD.

    That which is not strictly forbidden, is allowable. That which has already been given permission to do, cannot be taken back.

    Otherwise you have no integrity or honor, ooops sorry slipped my mind that we were talking about double dealing, "indian giver", surrender monkey politicians that can't live by the deals they negotiate so they break them whenever they become "inconvenient".

    1. TonyJ

      Re: Those companies aren't doing anything that....

      "That which is not strictly forbidden, is allowable. That which has already been given permission to do, cannot be taken back.

      Otherwise you have no integrity or honor, ooops sorry slipped my mind that we were talking about double dealing, "indian giver", surrender monkey politicians that can't live by the deals they negotiate so they break them whenever they become "inconvenient"."

      Hahahah...otherwise known as "welcome to politics"

    2. LucreLout

      Re: Those companies aren't doing anything that....

      @Ac

      That which is not strictly forbidden, is allowable. That which has already been given permission to do, cannot be taken back.

      That used to be the case, but Gordon Brown changed that with regard to taxation. Whatever your political views, it is a fact.

      Rules can be clarified years after the fact and the tax man can come back and double dip the corporate accounts. It's fundamentally dishonest.

    3. Ken Hagan Gold badge

      Re: Those companies aren't doing anything that....

      I didn't see this as an attack on the companies. It seemed much more to be directed against the governments striking deals to reduce a company's liabilities as long as the reduced liabilities end up in that country. In other words, the countries are the tax cheats here.

      1. Anonymous Coward
        Anonymous Coward

        Re: Those companies aren't doing anything that....

        So, we just need a small war.

      2. Cynical Observer

        Re: Those companies aren't doing anything that....

        @Ken

        Not quite so clear cut. Ireland was already attractive to many multinationals due to the low corporation tax. Bit of history.

        It used to be 10% for the multinationals. somewhat higher for the Irish companies - all with the aim of attracting investment from the tech companies. Europe said that that was unfair and must be rectified - expecting the Irish government to raise the tax level applicable to the multinationals.

        That would also have made it much closer to French levels - the chief moaning entity if memory serves correctly.

        Instead - they lowered the rate for the national companies so that everyone paid 10% - the French had an apoplectic fit but could do nothing as the rate of taxation is a national matter not a European one.

        The Irish even defended this to the death during the bailout - it was the one thing that they wouldn't give way on.

        That Apple managed to drive it even lower to 2% would suggest that they have behaved aggressively so I call both sides at fault with the balance to be determined by someone else.

  4. Graham Marsden
    Devil

    I'm sure...

    ... Tim Worstall will tell them that these companies did no wrong...

    1. Naughtyhorse

      Re: upvoted..

      Because I agree with you,

      Worstall will, as usual, be wrong about it :-)

      1. anothercynic Silver badge

        Re: upvoted..

        Unfortunately for you, naughtyhorse, Tim Worstall is generally correct. At least he investigates things as per the current legal situation... That Europe may disagree and change the playing field after the fact (and then demand back taxes) is somewhat of a case of 'closing barn door after horse has bolted'.

        But this is why accountants and tax lawyers still have jobs. The legal landscape where tax is concerned keeps changing and corporations (from 1-man bands to huge MNCs) have to keep up...

    2. Tim Worstal

      Re: I'm sure...

      Well, that's what we're rather interested in finding out. Did they break the law or not?

      "The fruity firm could end up paying €17bn in back taxes"

      And that just ain't gonna happen. The EU investigation into Apple and Ireland involves, at most, a couple of hundred million over a decade or more (not per year, over the decade).

      There's even a piece here about the larger numbers that aren't threatened:

      http://www.theregister.co.uk/2014/06/12/apple_tax_probe_eu/

    3. SImon Hobson Bronze badge

      Re: I'm sure...

      > Tim Worstall will tell them that these companies did no wrong

      Technically, no they didn't do anything wrong.

      Remember that (IIRC) well over a decade ago, a senior judge in an English tax case made that famous statement that no man is required to arrange his affairs so as to allow the revenue to put a larger shovel into his money. If the rules allow what they did, then it is not wrong of a company to take advantage of that.

      Put another way, before you criticise anyone or any company for a tax avoidance scheme - just check that you aren't using one yourself. Got a pension ? Got an ISA ? If the answer to either of those is yes then you are almost certainly using a tax avoidance scheme.

      Yes I agree that it's "not right" that (taking one example) Amazon can exploit the tax rules to the disadvantage of pretty well all other sellers of books and the like. But the target of any anger over that should be the people that made the rules that allow it, not those working to those rules.

      As for any of them pulling out of Europe, not a chance. Microsoft won't because it would then be leaving a huge market (bigger than it's own home market) ripe for exploitation by all and sundry - and it would just destroy the advantage (shear scale of it's dominance on the desktop and server) it's spent decades building by fair means and foul. Google won't for pretty much the same reason.

      They may huff and beat their chests a bit - but any threats would be empty.

      1. Chris Evans

        Re: I'm sure...

        > Technically, no they didn't do anything wrong.

        If their 'transfer pricing' didn't follow the rules then they may have!

        Morally to my mind about half the profit should be declared in the country of sale and half in the USA I can see an argument for more of the profit to have been made in the USA but not for a third country (Ireland) that artificially has the sales routed through it. What the law says, the courts will decide.

  5. Yet Another Anonymous coward Silver badge

    Other ways for countries to make money

    Suppose Hungary was to deal with it's immigration problems by charging all of the migrants 1000eu for a Hungarian passport and then offering subsidised 1eu flights to Dublin. Think Ireland would consider that fair movement of people and services through the Eu?

    1. Anonymous Coward
      Anonymous Coward

      Re: Other ways for countries to make money

      Think Ireland would consider that fair movement of people and services through the Eu?

      No, but it would not have much of an argument as € 1 is probably the right price for a RyanAir flight :)

      1. Naughtyhorse

        Re: Where does ryanair flight to Dublin actually land?

        I think the swedes or danes would have something to say about a shedload of ryanair planes full of refugees turning up out of the blue.

    2. LucreLout
      Pirate

      Re: Other ways for countries to make money

      charging all of the migrants 1000eu for a ... passport

      That already happens, its just the price that differs. Seriously, several EU states will hawk a passport for the right price, they just dress up the terms a small amount.

  6. W Donelson

    So, then, another 5-10 years before anything is done.

    Money talks, humans bite the bag.

  7. JeffyPoooh
    Pint

    Alternate minimum tax on everything and anything

    Not applicable if they pay their normal taxes.

    If they don't, then tax their shoelaces, or ceiling tiles, or door handles.

    Sic 'em.

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