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General Irish politics discussion thread

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Comments

  • Registered Users, Registered Users 2 Posts: 76,220 ✭✭✭✭L1011


    Your interpretation of the English language is incorrect.

    Your already terrible argument was based entirely on you having an incorrect interpretation of the language you are arguing in.



  • Registered Users, Registered Users 2 Posts: 76,220 ✭✭✭✭L1011


    It has long been argued that this will allow other countries to claim that a liability does exist that Apple previously claimed did/could not exist in that country due to it not existing here. Plenty of coverage of it in the media, just like the previous withdrawal.

    We're not getting the money.



  • Registered Users, Registered Users 2 Posts: 21,997 ✭✭✭✭Water John


    €13bn divided by 5m people, ah hope it's distributed before the GE in March😉



  • Registered Users, Registered Users 2 Posts: 33,195 ✭✭✭✭blanch152


    Quietly confident is a long long way from smug.

    Quietly confident means you are too nervous to loudly claim confidence, which is also less than smug.



  • Registered Users, Registered Users 2 Posts: 81,353 ✭✭✭✭FrancieBrady


    Fair enough points. I considered the ridicule heaped on those who citicised the governments stance and support of Apple to be based on arrogance and a belief they couldn't possibly be wrong.

    That aside, was there a statement or ruling at one time from EU sources that if this money did go to Ireland it must be used for debt pay down and not current or capital expenditure? Seem to recall something about it.



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  • Registered Users, Registered Users 2 Posts: 33,195 ✭✭✭✭blanch152


    The manipulation of language to make a political point is common.

    https://www.merriam-webster.com/dictionary/smug

    Smug is defined as highly self-satisfied. It could certainly be applied to the post with Gavan Reilly's tweet which started this conversation off.

    However, smugness in response to this ruling, as displayed by that poster, could be really dangerous. This ruling could result in large multinationals reconsidering their place in Ireland. That would cause an economic crash here like no other.



  • Registered Users, Registered Users 2 Posts: 81,353 ✭✭✭✭FrancieBrady


    Conversely, aiding and abetting tax evasion schemes by corporations could jeopardise our place in the EU, causing an economic crash like no other.

    Hopefully 'lessons will be learnt' here as we are always told they will be when incompetence is called out and judged on.



  • Registered Users, Registered Users 2 Posts: 33,195 ✭✭✭✭blanch152


    Jeopardise our place in the EU??!!??? Ah, come on, this is a serious discussion forum. Fantasy notions don't belong here. I have a few questions in response to your nonsense. I have provided answers, if you disagree with the answers, please provide evidence.

    By what mechanism could we be thrown out of the EU? Answer: None

    Have you any example from the tens of thousands of EU Court decisions that jeopardised the place of any country in the EU? Answer: None

    Is this making headlines anywhere outside of Ireland? If it is, anything more than a passing reference? No

    Were the Irish tax authorities incompetent? No

    Are the Irish tax authorities independent from the government? Yes



  • Registered Users, Registered Users 2 Posts: 81,353 ✭✭✭✭FrancieBrady


    Again, you alter what was said to have a go.

    Where did I say 'we would be thrown out of the EU'?

    Totally disingenuous posting.

    If we continue aiding and abetting tax evasions schemes it will jeopardise our place in the EU. Our 'place' being a respected and pro EU concerns country. Going against EU concerns and becoming a pariah state within it is not in our interests.

    We are all familiar with the scaremongering about corporate flight if we dare do the right thing regarding these entities paying their way. We cannot have it both ways as the EU has just adjudged.

    P.S. It's making fairly big headlines in The New York Times, Wall Street Journal etc etc.



  • Registered Users, Registered Users 2 Posts: 7,733 ✭✭✭Pete_Cavan


    "continue aiding and abetting tax evasions schemes" - the structures in question haven't been in place for 10 years.



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  • Registered Users, Registered Users 2 Posts: 81,353 ✭✭✭✭FrancieBrady


    Sadly, not the view in the EU.

    While she said Ireland has been “much more diligent” about eliminating tax loopholes in recent years, she said “profit shifting” was still ongoing, via Ireland and other countries.

    EU competition chief takes aim at Ireland as ‘profit shifting’ central after Apple case | Business Post



  • Registered Users, Registered Users 2 Posts: 33,195 ✭✭✭✭blanch152


    Yes, it is making headlines in the US, because that is where the threat to our tax revenues comes from, that is what we have to look out for.

    This judgement is not a good thing for Ireland. Your celebrating it is like a Munster rugby fan celebrating a record Irish defeat because the team was made up of Leinster and Ulster players.

    It is pure disingenuous nonsense to suggest that we are going to become a pariah state within Europe. You talk about scaremongering, but honestly, your fantasy outcomes don't have sufficient credibility to qualify as scaremongering.



  • Registered Users, Registered Users 2 Posts: 81,353 ✭✭✭✭FrancieBrady


    Of course it isn't a good thing for Ireland. We should have mitigated the damage long before now.

    If it was wrong to provide these loopholes to begin with then it was wrong to defend them in any way.

    Were we wrong to provide these loopholes?

    P.S. Here is what you said:

    Is this making headlines anywhere outside of Ireland? If it is, anything more than a passing reference? No

    The US is 'outside of Ireland' and it is making headlines there.



  • Registered Users, Registered Users 2 Posts: 33,195 ✭✭✭✭blanch152


    In the context of us "jeopardising our place in the EU" (a nonsensical claim, since watered down), I asked whether this was making headlines outside of Ireland. Last I checked, the US is not in the EU.



  • Registered Users, Registered Users 2 Posts: 81,353 ✭✭✭✭FrancieBrady


    Ah, ok. 😁

    How would continuing 'profit shifting' schemes not jeopardise our place and reputation in the EU?

    You didn't answer my question btw:

    If it was wrong to provide these loopholes to begin with then it was wrong to defend them in any way.

    Were we wrong to provide these loopholes?



  • Registered Users, Registered Users 2 Posts: 17,438 ✭✭✭✭markodaly


    Given that SF want to spend the guts of €40 Billion on housing over the next 5 years from a tax base built on FDI and corporate tax, SF should best STFU and get on with snatching defeat from the jaws of victory.



  • Registered Users, Registered Users 2 Posts: 17,438 ✭✭✭✭markodaly


    Simon Harris rang his mate Elon to get it taken down….
    I also hear Tin Foil hats are going 3 for the price of 2 down in Tesco.



  • Registered Users, Registered Users 2 Posts: 17,438 ✭✭✭✭markodaly


    Conversely, aiding and abetting tax evasion schemes by corporations could jeopardise our place in the EU, causing an economic crash like no other.

    ROFL.
    Sometimes I wonder if you are a parody account.



  • Registered Users, Registered Users 2 Posts: 81,353 ✭✭✭✭FrancieBrady


    That is a bit of an elaborate and frankly bizarre conspiracy theory.

    I'd say it's more likely a case of a journalist and his/her editor embarrassed by getting it wrong.



  • Posts: 8,350 ✭✭✭ [Deleted User]


    Maybe they where just tidying the website like SF did with all their pro Putin posts?



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  • Registered Users, Registered Users 2 Posts: 17,438 ✭✭✭✭markodaly


    A legal question.

    Was there a reason given by the ECJ as to why they overturned the lower court's decision?
    How usual is this?



  • Registered Users, Registered Users 2 Posts: 33,195 ✭✭✭✭blanch152


    The full decision isn't out yet.

    The long-term implications are very worrying for Ireland, but we will have to wait and see for the full legal decision to understand it. Doesn't stop the nonsense from the usual sources on here.



  • Registered Users, Registered Users 2 Posts: 81,353 ✭✭✭✭FrancieBrady


    Yes.

    By its judgment, on appeal by the Commission, the Court of Justice sets aside the judgment of the General Court and gives final judgment in the matter. According to the Court of Justice, the General Court erred when it ruled that the Commission had not proved sufficiently that the intellectual property licences held by ASI and AOE and related profits, generated by sales ofApple products outside the United States, should have been allocated, for tax purposes, to the Irish branches. In particular, the General Court erred when it ruled that the Commission’s primary line of reasoning was based on erroneous assessments of normal taxation under the Irish tax law applicable in the case, and when it upheld the complaints raised by Ireland and by ASI and AOE regarding the Commission’s factual assessments of the activities of the Irish branches of ASI and AOE and of activities outside those branches.

    Tax rulings: the Court of Justice sets aside the judgment of the General Court concerning tax rulings issued by Ireland in favour of Apple (europa.eu)



  • Registered Users, Registered Users 2 Posts: 7,733 ✭✭✭Pete_Cavan


    SF certainly wouldn't be in favour of routing funds through another jurisdiction to circumvent rules, right...



  • Registered Users, Registered Users 2 Posts: 81,353 ✭✭✭✭FrancieBrady


    Funds intended to benefit the taxpayer and not big business? No, I don't think they'd be in favour of that.



  • Registered Users, Registered Users 2 Posts: 33,195 ✭✭✭✭blanch152


    So SF wouldn't be in favour of funds that were destined to benefit the taxpayer by having a certain political party elected being diverted through another jurisdiction?



  • Registered Users, Registered Users 2 Posts: 81,353 ✭✭✭✭FrancieBrady


    You’ll have to ask SF what they might do.
    I can only judge on what parties have done.
    SF have not broken any taxation laws or run a scheme contrary to EU law that diverted funds away from the taxpayer to benefit a corporation. In fact I am only aware of one political party here that was caught by Revenue and had to pay a settlement and who organised a bogus scheme to benefit big business - FG.



  • Registered Users, Registered Users 2 Posts: 15,297 ✭✭✭✭Geuze


    They were agreements by Revenue, not loopholes.

    https://economic-incentives.blogspot.com/2016/03/apple-sales-internationalby-numbers.html

    The branch is paid for these duties and the pricing agreement with the Revenue Commissioners is one of the contested rulings in the EC investigation.  The pricing agreement is relatively straightforward with the EC letter telling us that:

    • In 1991, a basis for determining Apple Computer Accessories Ltd.’s (subsequently ASI) Irish branch net profit was proposed by Apple and agreed by Irish Revenue. According to that ruling, the net profit attributable to the ASI branch would be calculated as 12.5% of all branch operating costs, excluding material for resale.
    • A modified basis for determining net profit was agreed for the ASI branch in 2007 with a [8-18]% margin on branch operating costs, excluding costs not attributable to the Irish branch, such as […] and material costs.


  • Registered Users, Registered Users 2 Posts: 15,865 ✭✭✭✭dulpit


    For people saying this is bad news for Ireland - what is the bad news? Is it reputation damage? Or an expected flight of corporations from Ireland to avoid tax? Or what's the story?



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  • Registered Users, Registered Users 2, Paid Member Posts: 9,998 ✭✭✭blackwhite


    In addition to that - the issue isn’t that such arrangements were available.

    The issue is that when Apple asked for the Revenue rulings on their arrangements, Revenue approved them without explicitly making the same arrangements available to other taxpayers (hence the ruling of illegal state aid).

    I still believe the Commission’s ruling; and indeed the ECJ ruling; to be flawed because they are ignoring the practice of how common law works in relation to tax structures.
    If any other tax payer had approached Revenue for a ruling on an identical structure, then the same ruling would have been given. But all of our European colleagues work on code-based legal and tax systems which don’t place the same weight on precedent and common practice, but instead focus on what is codified.

    Being the only common law jurisdiction in Europe has been to Ireland’s detriment in this case - and it comes across as an attempt to impose other European countries legal and tax systems on us.



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