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Apple, Ireland and the Taxes

Apple, Ireland and the Taxes

A school teacher from Mayo and his pack of friends are in trouble for the last few days. Everybody is giving them grief over something that started 10 years ago, even before they had anything to say and were only dreaming of getting the big job.

The bigger boys wrapped our school teacher over the knuckles for something that he didn’t do and maybe didn’t even understand when he found out. But since he is in the driving seat at the moment, it is only fair that he has to take responsibility. And I tell you, he and his mates did screw up! But they screwed up intentionally and would do it again in a heart beat. They took money from these big boys and these big boys are not happy about that at all.

But on the other side, the people our schoolteacher wanted to help with the money (at least that’s what he – probably genuinely thought – are also not happy. And it is not just one gang, but two gangs that are complaining. So the Mayo man gets it from all sides.

We could nearly feel sorry for him….but then he has form on screwing up, he does that regularly probably because he just doesn’t know better, he is just a school teacher, you know and hadn’t learned any better. We all wish we had someone who knew what he or she was doing, but the whole country has NOBODY that knows any better, A little bleak, I know, so we just let him meddle on. Complain regularly, but nothing will ever change.

Our school teacher in this story is, of course, Enda Kenny and the story is about what would be called tax fraud if you and I did it. He and his cabinet weren’t even close to being in government in 2003 (or 2007) when the is special arrangement started. So I have some sympathy with them. The special tax treatment was just another mess that they inherited form the previous Fianna Fail government. BUT they didn’t even try to fix it.

What was happening? Apple (and others do that too!) sold products in other EU countries, but officially all products were sold from Ireland and not from the Apple companies in these other EU countries. So all the money went back to Ireland, even if that shouldn’t have been the case. The other EU countries are (I have to say: understandably!) not happy about that because they lost taxes. But they can’t do much against it, because it is not illegal. They are already annoyed about Ireland just charging this super low 12.5% corporate tax, but that is also not illegal. So they were trying to find something that WAS illegal to shake up the whole cosy arrangement that Ireland has with some companies.

They found out that Ireland is not really charging any taxes at all from Apple because Apple cleverly transferred the income from the other countries from one company in Ireland to another and that other company had got a sweet deal from the Irish government. Still nothing illegal, but dodgy nevertheless AND many would say STUPID!

Apple has a lot of money and to let them run their business virtually tax free in Ireland doesn’t make sense. Sure there are 5000 jobs that they have created, but if they had to pay a few % of tax instead of well below 1%, the deal would still be soooo good, that these 5000 jobs wouldn’t be in big danger.

So the Irish government should certainly have charged them some taxes!

When the other countries found out that Ireland was doing dodgy stuff, they said that this is like paying Apple money for being in Ireland. It is and it isn’t. Either way it is a form of tax fraud. When the guy who imported garlic from China declared it as Apples (which have a significantly lower tax rate than garlic – for NO apparent reason!) he got a prison sentence of 6 (!!) years a few years ago. The Irish government was not doing much else: Re-labelling you could call it! But they are the government, not a garlic importer so they get away with it.

But let’s face it, a little school teacher from Mayo and his gang wouldn’t dare a super big company to pay more, right? It’s an inbuilt inferiority complex that the Irish government has (don’t get me started on offshore oil and how they just give it as a give to the oil companies).

When the EU said that Apple will have to pay EUR 13 billion plus interest, Apple was understandably not too happy about that (despite the fact that they have around $231 billion in cash), the Irish government wasn’t happy either (they don’t like being wrapped over the knuckles and there is definitely a danger that other foreign companies in Ireland also could have to pay a lot of money. I wonder how Microsoft feels about all that!

So the Irish government HAS to challenge the EU decision because of that. They also have to be seen to defend Apple to show other companies that they stand up for the companies that come to Ireland.

But then there is the other side. Because of that inferiority complex, a few years ago the Irish government screwed up when it came to the bank debt and took on responsibility for debt that they shouldn’t have. So these 13bn would help nicely getting rid of some of that debt. Which means now that a lot of people in Ireland say screw Apple, screw the EU and let’s take that money. Maybe we use some of it to pay our debt back, but, hey let’s buy something nice from our windfall. (and that is another opinion).

A right mess? Definitely!! And it looks like a lose-lose situation for everyone involved. Don’t you love politics and even more so, don’t you love our competent politicians? ;-)

First find a woman then start your drink driving ban – Legal System in Ireland

First find a woman then start your drink driving ban – Legal System in Ireland

The legal system in Ireland, of which judges are a cornerstone, keeps puzzling me. I haven’t checked yet how judges are chosen, but whoever does the choosing must be some odd ball or alternatively these judges become odd balls themselves only AFTER they are appointed.

The Irish Times reported about the case of a bachelor farmer in County Kerry and the Irish Examiner had a slightly different interpretation of the story. The guy is called John O’Shea and he is 60 years of age. In July 2014 he went from Mastergeeha to Waterville (approx. 9km) to get food for his cows and drank too much when discussing football. On the way home, he drove into a ditch and was found to have nearly four (!!) times the legal alcohol limit in his blood (198mg). The penalty for that will be a a 3-year driving ban and luckily, the judge didn’t indicate that he plans to deviate from that.

The solicitor asked for the driving ban to be delayed until after the summer and here starts the oddness. It seems that the solicitor asked for the delay so that the farmer can look after the cows, but the judge seemed to have suggested the 60 year old never-married farmer should find a “nice woman” that will drive him around and – possibly seeing the opportunity – the solicitor quickly suggested that he could go to Lisdoonvarna to the matchmaking festival if he still had a car for the summer.

It seems that there is a lot of stupid-talk in court rooms in Ireland and it also could be that the solicitor just saw the opportunity that the judge provided and jumped on it without having planned to go for the “find a woman” reason for the delay.

But it really makes you wonder about the ability of Irish judges to do their job. This farmer had FOUR times the amount of alcohol in himself than he should have, so he didn’t just drink a little bit more than he knew he should have, but he filled himself up. Luckily nobody got hurt, but is it really the right message a judge should send??

Odd!!

Big Time Crime vs Small Time Crime: Speed Limits and Killing people!

Big Time Crime vs Small Time Crime: Speed Limits and Killing people!

I got caught breaking the law! Yes, it is hard to admit (especially for a German :-) ), but I did break the law (unintentionally) and I got caught AND paid for it. A few weeks ago, I drove home on a very quiet Sunday evening on a well built and well lit street in Dublin. Hardly any traffic, no pedestrians or cyclists and I was not distracted by mobile phone or anything else. All was well…

…until about two weeks later when a letter arrived, telling me that I was recklessly breaking the law. What a bad boy! I know! I drove 59 km/h in a 50 km/h zone. I had to pay EUR 80 and will be punished for three years due to the 3 points I also got.

Interestingly, if I had driven 120km/h in a 50km/h zone, I would have been punished in the EXACT same way. Odd!!!

Then on Tuesday, I heard about the shooting of another gang member of the two feuding Dublin criminal gangs. We might think, that it is not the worst if they terminate each other, but keep in mind that in every killing one side will win over the other and it will give that “winning” side more power, which is never a good thing when you talk about criminals. These ongoing killings are a bad bad thing on another level. As we have seen, the risk for random bystanders is significant, because these killers seem to have trouble at times knowing who they really want to get and also because they are getting more and more ruthless.

So how does my speeding tickets link to the gang war in Dublin? — It doesn’t really! I am not the type of person who complains that the police should spend their time on hunting down the big criminals and let the small criminals go. I broke the law and got punished, which is annoying but fair. But when it comes to fairness, it seems that bigger criminals get away with a lot more.

For Friday of this week a big “clampdown” on speeding has been announced. It’s easy!! Put up a few vans around the country in locations that are not really accident hotspots and then just send the tickets by post. You will get lots of money back and have a nice Press Release about the success and the catching of the criminals.

At the same time, the gangs, make millions through drugs and from their HUGE amount of properties that most likely were bought from drug money as well. Clampdown? Not much!

Is it resources? I don’t think so! It is just easier to get honest people to own up and pay up for their small crimes than to get criminals to own up to their big crimes. It not wrong to punish the small time criminals, but it is wrong to let the big time criminals get away with as much as they do.

Ireland introduces Free Legal Aid for everybody! – …as it seems

Ireland introduces Free Legal Aid for everybody! – …as it seems

Some big news: Free Health services for everyone is something the government promised for years, but it didn’t happen. Instead – in a total surprise move – free legal aid for everyone was introduced in April. …we just weren’t told about it yet!

“Free Legal aid” means that the state covers the cost for solicitor/barrister and all other legal cost and this route is available to people with limited financial means to ensure that not only wealthy people can get justice, but that also poor people can defend themselves when they are accused of something.

It is a very fair concept and I don’t think that anybody could have an issue with the concept of it.

The question about “Who can get it?”, however, can be a more controversial one, but it seems that this problem has been removed now because it emerged that a member of the Irish Parliament, who is on a salary of approximately EUR 90,000 per year PLUS significant expenses can get free legal aid and if he can get it, then the majority of people in Ireland (who earn a lot less than him) MUST also be eligible for it. Right?

Anti Austerity Alliance TD Paul Murphy is accused of falsely imprisoning Tanaiste Joan Burton during a water charges protest in November 2014 and he has applied for free legal aid on the grounds that he can’t afford the court costs. Judge Melanie Greally from the Dublin Circuit Criminal Court has decided that based on his average weekly income, he will get free legal aid! :-O

How can that be the case for someone who has a monthly salary of EUR 4000? Well, Murphy has an agreement with his party that he only gets EUR 1,800 (after tax) per month and that the party can keep the rest.

So the money that arrives in his bank account is genuinely quite low, BUT this is a voluntary arrangement that he has with his party and herein lies the problem!

Imagine if you had a voluntary arrangement with your parents or spouse or a friend to give them more than half of your monthly salary (assuming you were lucky enough to earn 4k), do you you think a judge would also have sympathy with you? I don’t think so!

And even more so in this case, it means that you and I will pay for Paul Murphy’s legal aid (because taxes will pay for it) and his party can continue pocketing his salary, so we are indirectly funding his party! Doesn’t sound right!! We are talking about approximately EUR 50,000!

The Journal.ie reported about this here: www.thejournal.ie/paul-murphy-legal-aid-2740512-Apr2016/

The case he has to defend himself in is somewhat irrelevant in this situation, but if we looked at what he is accused of then it becomes even more questionable if he should receive a cent of tax payers money and it even makes you wonder if he is fit to be a TD: Tanaiste Joan Burton came from an event in a school in Tallaght and was on her way to a church for the rest of the event, when a protest against water charges blocked her car in and “imprisoned” her in her car for about 2 hours.

Protesting is a legal right, but stopping someone’s movements against their will is not. It was a stupid and unjustified action. No serious harm was done to anyone and you could argue that bringing him to court is a bit of an overreaction, but unfortunately there are no other means to penalise someone who misbehaves.

The real bad news is that free legal aid has NOT been introduced for everyone, instead only someone who could afford to pay from his own pocket and who knowingly broke the law, will get the money paid by you and me!

Just ruin it for everybody! – Nonsensical Compensation Case

Just ruin it for everybody! – Nonsensical Compensation Case

Ireland has a serious compensation problem and NOTHING is done about it. But hopefully shocking cases like this one will EVENTUALLY get a government to fix this stupid situation. But what happened?

A 59-year old woman (Teresa Wall from Swords) went for a hill walk on the Wicklow Way in August 2013. Because she wasn’t careful enough, she tripped and fell on her knee. It seemingly was a bad fall that required a few stitches, but nothing was broken and no long-term pain or damage has been reported. Similar situations have happened MANY times before and if you go hillwalking or mountain climbing or do any other rough-ish outdoor sport/exercise, you should know that you can get injured.

The Irish Independent reported here.

In this case, the woman was walking on a “board walk” that is made up of old railway sleepers. The board walk is there to protect the flora and fauna on the mountain, but also to help walkers get over boggy/marshy/wet stretches. The railway sleepers are made of wood and they suffer from the wet and wind and were “badly rotted”. Well, what would normal people do? Be EXTRA careful in the same way as you would be extra careful on bad ground. And if they fall? They get up again and sort out the damage, but they are NOT running to the courts!

Teresa Wall wanted money! She sued the National Parks and Wildlife Service and unfortunately she wasn’t told to get lost, but instead judge Jacqueline Linnane outrageously awarded her EUR 40,000….for a few stitches on the knee! Unbelievable!

The woman claimed that she walked “all around the world” for 40 years, that she ran half-marathons on a weekly basis and that she had climbed in the Himalayas to the base camp on Mount Everest. She also claimed that the injury meant that she now could no longer hill climb or run marathons.

What do you think mountain climbers get who get injured or even killed on Mount Everest? Do they sue Nepal? Or maybe the creator of the mountain? They sure won’t! And if something bad had happened on her climb in the Himalayas she wouldn’t have received a cent.

And what is the ridiculous amount of 40k for that judge Linnane so generously gave away of not-her-own-money?

Now, accidents and compensations happen all the time, but why is this one such a significant case? See, the result of it is that anybody else who gets a little scratch on a walk in the Wicklow Mountains or any other outdoor activity area in Ireland on private or public ground will be able to sue for the most ridiculous reasons. And for that reason we will see more “DO NOT ENTER” signs and wonderful walks like the Wicklow Way might be closed for the public.

The negative follow-on effect thanks to Teresa Wall and Jacqueline Linnane’s actions is not yet comprehensible, but will most likely be HUGE!!

This has to be changed! Crazy claims like this should be thrown out of court and even where compensation is paid, it should be based on a predetermined compensation “price list” as it is done already in many other countries to take this total randomness our of judges decisions.

An example for leg-related injuries from the German claims table is here. If you translate it with Google Translate or something similar or if you are able to read German, you will be able to see that the money paid for a light injury (dog bite with car to thigh fracture) is EUR 450-5900. For a middle severity injury which results in a severe disability and reduction in earning capability of 60% (That’s quite serious!!) is up to EUR 65,000, but that is FAR FAR worse than what happened on Wicklow Way.

 
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