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1/ Second thread on my new @TaxNotes Apple article with @SteveDalytax. #taxtwitter
This thread covers Apple's larger implications. https://www.taxnotes.com/tax-notes-federal/corporate-taxation/state-aid-general-court-decision-apple/2020/09/07/2cw9y
This thread covers Apple's larger implications. https://www.taxnotes.com/tax-notes-federal/corporate-taxation/state-aid-general-court-decision-apple/2020/09/07/2cw9y
3/ The prohibition of state-aid can't fix the int'l tax system, but it has a role to play in preventing abuse. That is, if the Commission can find a coherent way to enforce it.
(Europe, don't suffer the fate of the U.S. on uncontrolled subsidies!)
https://bit.ly/3jVG4eU
(Europe, don't suffer the fate of the U.S. on uncontrolled subsidies!)
https://bit.ly/3jVG4eU
4/ @SteveDalytax and I see three potential paths forward:
Option 1. Pursue Administrative Impropriety
Investigate as state aid violations by the tax admin of its own ethical or procedural standards. See Stephen Daly, “The Power to Get It Wrong,” L.Q. Rev. (coming
2021).
Option 1. Pursue Administrative Impropriety
Investigate as state aid violations by the tax admin of its own ethical or procedural standards. See Stephen Daly, “The Power to Get It Wrong,” L.Q. Rev. (coming
2021).
5/ Option 2. Pursue Structural Subsidies
Use the US Supreme Court's internal consistency test to identify structural structural subsidies (i.e., failures to tax cross-border, but not domestic, income).
Full treatment: Mason, Identifying Illegal Subsidies, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3191417
Use the US Supreme Court's internal consistency test to identify structural structural subsidies (i.e., failures to tax cross-border, but not domestic, income).
Full treatment: Mason, Identifying Illegal Subsidies, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3191417
6/ Option 3. Use OECD Standards as a Safe Harbor
Commission could combine Options 1 and/or 2 above with using OECD guidance as a safe harbor, rather than a benchmark. https://bit.ly/3jVG4eU
Commission could combine Options 1 and/or 2 above with using OECD guidance as a safe harbor, rather than a benchmark. https://bit.ly/3jVG4eU
7/ We also discuss the broader implications of Apple for Irish residence rules, adoption of GILTI as a fiscal fail-safe, and tax voting rules in the EU.
Read about it here: https://bit.ly/3jVG4eU
Read about it here: https://bit.ly/3jVG4eU
