France approves digital tax measures against Apple despite US pressure

The French government has approved proposals for a tax on digital services, one that affects Apple and other major tech companies, despite concern the measure is unfairly targeting US-based companies in a bid to claw back tax revenue.

Originally proposed in December, the so-called GAFA - Google, Apple, Facebook, and Amazon - tax, was given a stamp of approval by the French senate on Thursday, just a week after passing through the National Assembly.

Under the measure, the 3% sales tax will be applied to sales generated in France by major multinational firms, reports the BBC, specifically those with revenue of more than 750 million euros ($846 million), and generating at least 25 million euros ($28 million) from with France itself. Furthermore, the tax will be retroactively applied to early 2019, and is anticipated to raise in the region of 400 million euros ($451 million) for this year alone.

France is using the tax as an attempt to reacquire taxes from revenue that goes through various processes by firms to reduce their outlay, such as the "Double Irish" performed by Apple. The European Union is working to reform taxes across the continent to minimize such activities, but while individual countries can apply regional laws relatively quickly, a Europe-wide measure will take longer to implement.

The tax is believed to be affecting roughly 30 firms, the majority of which are based in the United States. The skew of the affected companies has already led to a probe by US President Donald Trump into the matter, specifically if it is an unfair trade practice under the US Trade Act of 1974, with the "Section 301" investigation previously used to apply tariffs on China.

US Trade Representative Robert Lighthizer advised ahead of the tax's implementation the investigation will determine if it "is discriminatory or unreasonable and burdens or restricts United States commerce."

The US investigation has already received support by one of the companies that will be affected by the tax measure. Welcoming the investigation, a statement from Amazon received by CNBC calls the tax "poorly constructed" and "discriminatory," and that it would cause "significant harm to American and French consumers alike."

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170 Comments

pjs_socal 7 comments · 7 Years

About 5 years ago

I am surprised that it took EU countries this long to enact these kinds of taxes. It’s common knowledge that Apple (with help from Ireland) took advantage of loopholes in international tax laws to reduce their tax burden. Of course, Apple has done nothing illegal, but it’s completely within each country’s rights to change tax laws to close those loopholes.

roake 820 comments · 10 Years

pjs_socal said:

I am surprised that it took EU countries this long to enact these kinds of taxes. It’s common knowledge that Apple (with help from Ireland) took advantage of loopholes in international tax laws to reduce their tax burden. Of course, Apple has done nothing illegal, but it’s completely within each country’s rights to change tax laws to close those loopholes.

So imagine if every UN country charged Apple an additional 3% on gross revenue.

delreyjones 337 comments · 17 Years

roake said:

pjs_socal said:

I am surprised that it took EU countries this long to enact these kinds of taxes. It’s common knowledge that Apple (with help from Ireland) took advantage of loopholes in international tax laws to reduce their tax burden. Of course, Apple has done nothing illegal, but it’s completely within each country’s rights to change tax laws to close those loopholes.

So imagine if every UN country charged Apple an additional 3% on revenue.

It's not clear to me if the 3% tax would be on all of Apple's revenue or just its services revenue. Is it clear to others?

georgie01 437 comments · 8 Years

pjs_socal said:

I am surprised that it took EU countries this long to enact these kinds of taxes. It’s common knowledge that Apple (with help from Ireland) took advantage of loopholes in international tax laws to reduce their tax burden. Of course, Apple has done nothing illegal, but it’s completely within each country’s rights to change tax laws to close those loopholes.

On one hand you may be correct, but on the other hand (one you were not speaking about...) taxes just in general are outrageously high and collecting these is just another failed attempt at governing. These taxes are a burden put on citizens not out of fair altruism by recouping money lost through ‘loopholes’ in tax laws, but rather out of a general attitude of turning toward increased taxes in an attempt to make up for inefficiency and greed.

We’ve gotten so used to this that we’re barely phased by it (outside of temporary moaning and complaining) even though everyone knows this is just a money grab.

I firmly believe the government can be run generously with a 10% income tax collection (and no sales tax). We just need to change our attitudes about tax and the responsibilities of the government.

avon b7 8008 comments · 20 Years

roake said:

pjs_socal said:

I am surprised that it took EU countries this long to enact these kinds of taxes. It’s common knowledge that Apple (with help from Ireland) took advantage of loopholes in international tax laws to reduce their tax burden. Of course, Apple has done nothing illegal, but it’s completely within each country’s rights to change tax laws to close those loopholes.

So imagine if every UN country charged Apple an additional 3% on gross revenue.

Where would the problem be? It's a decision each sovereign state must weigh up. And in this case it isn't 'Apple', it's companies that go above a specific limit.