Michael Noonan, Irish finance minister, appears to be taking a leaf from the
playbook of Tim Cook, Apple's CEO, who on Tuesday at a US Senate panel hearing took
the tack that the best form of defence is attack -- there are no tax gimmicks in
a company with
an overseas effective corporate tax rate of 2% in 2012 with more than 60% of sales coming from
outside the United States; no shifting of intellectual capital to Ireland and so
on.
Noonan on Wednesday is reported to have told an Oireachtas finance committee meeting that Ireland was a “transparent, tax compliant country”
- - the word transparent is from 'taking points' drawn up for ministers but like
Tim Cook's understanding of what a 'gimmick' means, what the minister really
thinks it means is unknown.
Noonan needs to be more transparent himself as
revenues received by an Irish company, Apple Sales International, which is
neither tax resident in Ireland or the US,were the subject of taxes in Ireland and
these billions in invoicing are likely booked as Irish services exports by the Central Statistics Office.
Apple, taxes, Irish economy and creating 200,000 net jobs- - Finfacts report on
implications for Irish economy
The
Merriam-Webster dictionary has a definition of transparent that is
appropriate in this context:
"characterized by visibility or accessibility of information especially
concerning business practices."
The biggest companies operating in the country can keep all their financial
information inaccessible to public view and this is part of a transparent
system!!
Apple's accounts have been shielded from public view since 2006. Intel and
Pfizer do not publish accounts in Ireland as they are branch operations of
Cayman Islands and Dutch firms.
Noonan said Apple paid 12.5% on all the profits the company made in
Ireland, “and that’s the only liability they have in Ireland.”
Who can check that this is correct?
Here he is suggesting that on local Apple sales in Ireland, it paid the full
12.5% rate on its profits - - no capital allowances at all? Looks dodgy Mr
Minister -- because these are utilised by other units in Cork? How could that be?
It's Apple that made the statement about the low tax deal to the US Senate
panel; so let them clarify their statement.
Noonan said the stateless/ ghost Apple companies that were registered in Cork
were neither tax resident in the US nor tax resident in Ireland, and “because
they are not tax resident in Ireland they’re not liable to Irish tax”.
However, one of the ghost companies, Apple Sales International, receives
billions in income from overseas and pays tax, even though low, in Ireland?
The Senate Permanent Subcommittee on Investigations says in its
report [pdf]::
"In 2012, as a result of Apple’s restructuring of its Irish subsidiaries, ASI
was assigned 250 employees who used to work for its parent, AOE (Apple
Operations Europe).Despite acquiring those new employees, ASI maintains that
its management and control is located outside of Ireland and continues to claim
it has no tax residency in either Ireland or the United States.
Despite its position that it is not a tax resident of Ireland,
ASI has filed
a corporate tax return related to its operating presence in that country. As shown in an earlier chart, ASI has paid minimal taxes
on its income. In 2011, for example, ASI paid $10 million in global taxes on $22 billion in income; in 2010, ASI paid $7 million in taxes on $12 billion
in income. Those Irish tax payments are so low relative to ASI’s income, they
raise questions about whether ASI is declaring on its Irish tax returns the full
amount of income it has received from other Apple affiliates or whether, due to
its non-tax resident status in Ireland, ASI has declared only the income related
to its sales to Irish customers. Over the four year period, 2009 to 2012, ASI’s
income, as explained below, totaled about $74 billion, a portion of which ASI
transferred via dividends to its parent, Apple Operations Europe. ASI, which
claims to have no tax residence anywhere, has paid little or no taxes to any
national government on that income of $74 billion.
According to Apple, for the last ten years, this special corporate income tax
rate has been 2 percent or less: 'Since the early 1990’s, the Government of
Ireland has calculated Apple’s taxable income in such a way as to produce an
effective rate in the low single digits …. The rate has varied from year to
year, but since 2003 has been 2% or less.'”
So which Apple company employs the staff that provide services across the
globe?
The issue of global services which then become services exports
is also relevant here - - see Finfacts report
above on how revenues diverted from other countries become Irish services
exports. We estimate that over €40bn of Irish services exports may be fake.
Michael Noonan has claimed that the surge in
services exports is not tax related but the result of improved competitiveness,
when the facts suggest it's a result of tax-related diversions of revenues.
Since March, I have been seeking a response
via Brian Meenan, a press officer in the Department of Finance on the
following. However, Meenan does not even acknowledge e-mails -- the worst performance of any press office I had to deal with in the public
sector.
Transparency Minister?
-------------------------
[Minister Noonan said at a Bloomberg event in London last
month (February):
"The services sector is playing an increasingly significant
role in export growth, having grown by 9.4% over the first three quarters in
2012, and now exceed the level of goods exports by just over a billion euro.
This owes much to the significant price and cost adjustments that have taken
place in recent years."
http://www.finance.gov.ie/viewdoc.asp?DocID=7567
The Medium-Term Fiscal Statement Nov 2012, Page 6
said:
"Support for overall activity is coming from the exporting
sectors, with services exports becoming an increasingly important engine of
growth in recent quarters. This, in no small part, reflects the improvements in
price and cost competitiveness that have been evident since the onset of the
crisis."
http://budget.gov.ie/budgets/2013/Documents/Medium%20Term%20Fiscal%20Statement%20November%202012.pdf
As the CSO confirmed last week that 'computer services' grew
by 15% in 2012, can the Department confirm that this development is mainly
due to cost competitiveness issues?
I raise this issue because it appears that these claims
are false and in the aftermath of the economic crash, it's important that
departmental positions are credible. Simply, our research shows that price and
cost competitiveness are not crucial issues.
Has the policy of some foreign-owned services multinationals
in centralising end-user revenue bookings from other jurisdictions in Ireland
any impact on the services export performance?
I do not seek any comment on individual companies.
In the past year:
- The House of Commons has
published a report including testimony on Google's policy on booking
revenues in Ireland;
- Microsoft submitted
information on its tax strategy to the US Senate's Permanent Subcommittee on
Investigations;
- Facebook in a pre-IPO SEC
filing said its principal global tax jurisdictions are the US and Ireland.
http://www.finfacts.ie/irishfinancenews/article_1025752.shtml]