Open Letter to Jean-Claude Juncker
President of the European Commission
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Dear Mr. Juncker,
A country that was the poorest European nation just four decades ago is today one of the richest. Ireland transformed into one of the most desirable business locations in the world by combining the hard work of their citizens, a cooperative environment that focused on creating value with businesses, and the intelligent use of tax competition.
The European Commission recently announced that Ireland's competitive tax structure is “illegal.” According to the Commission, Apple benefitted from unfair tax treatment in Ireland from 2003 until 2014. These so-called tax benefits have been calculated at €13 billion, and the Commission says that this money should now be recovered by the Irish revenue services.
This ruling by the European Commission is both worrying and dangerous.
This decision has dramatically raised the level of tax uncertainty for companies that operate in the European Union. This will have a significant negative impact on investment, and jobs and productivity will be the victims. This problem is exacerbated because the Commission’s decision was retroactive.
The rule of law will be severely damaged if the Commission’s decision is upheld. Neither Apple nor Ireland think that any tax is due. How can the unelected EU force a tax payment that neither party thinks is due?
The European Union and the Commission are serving the interests of certain countries which dislike Ireland’s tax policies. In fact, the EU is behaving as if it were a mere cartel of governments with high taxes. The tax harmonization agenda is being pushed now in an even more undemocratic way. If this continues, the results will be catastrophic. We are living in a post-Brexit Europe, where such impositions can only lead to a Pyrrhic victory.
How should the European Commission move forward? We propose the following:
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The European Commission should deal swiftly with Ireland’s appeal and overturn this ruling as soon as possible.
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Tax policies should be underpinned by a pro-growth approach. Risky and illegal measures such as retroactive taxes will cause capital flight and a lack of investment. What Europe needs is smart, simple, and low taxation to attract capital and talent, as seen in Ireland.
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The tax harmonization agenda is unsustainable and must be immediately abandoned. Instead of paving the road to stagnation with harmonizing policies, the Commission should embrace tax competition. National jurisdictions should be left alone to compete with each other and try different systems.