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Taxation-Transnational

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Apple Hearing: Observations From An Expert Witness, J. Richard Harvey Jun 2013

Apple Hearing: Observations From An Expert Witness, J. Richard Harvey

Working Paper Series

The US Senate Permanent Subcommittee on Investigations held a highly publicized hearing on May 21, 2013 to discuss Apple, Inc.’s international tax planning. As the first expert witness, I had a ring-side seat to the hearing and Apple’s international tax planning.

One purpose of this article is to clearly identify the two key tax policy issues that need to be addressed by policymakers both in the US and internationally. Because the discussion at the hearing was very U.S. centric, these two issues may have been lost in the rhetoric.

• Should the US and the rest of the world allow …


Testimony Of J. Richard (Dick) Harvey, Jr. Before The U.S. Senate Permanent Subcommittee On Investigations May 21, 2013, J. Richard Harvey May 2013

Testimony Of J. Richard (Dick) Harvey, Jr. Before The U.S. Senate Permanent Subcommittee On Investigations May 21, 2013, J. Richard Harvey

Working Paper Series

Apple is an iconic US multinational corporation. In addition to demonstrating excellence in designing, building, and selling consumer products, Apple has been very successful at minimizing its global income tax burden. This expert testimony describes how Apple:

• allocates approximately two-thirds of its global income to Ireland, a country where only 4% of its employees and 1% of its customers are located,
• minimizes Irish tax by creating an Irish entity that is managed and controlled in the US, and
• avoids the US Subpart F rules.

More generally, the testimony illustrates techniques used by US MNCs to shift income …