Apple Releases Statement Ahead of Tim Cook's Senate Appearance on Tax Policy

Apple today released a statement [PDF] ahead of Apple CEO Tim Cook, CFO Peter Oppenheimer, and head of tax operations Phillip A. Bullock's appearances in front of the U.S. Senate Permanent Subcommittee on Investigation tomorrow.

In the seventeen page statement, Apple notes that it has created hundreds of thousands of jobs in the United States -- both directly and through suppliers and contractors. It notes that the company paid nearly $6 billion in federal taxes in fiscal 2012 and the company expects to pay $7 billion in 2013.

The company also says Apple "does not use tax gimmicks", pushing back against reporting in The New York Times that examined Apple's international tax strategies.

Subcommittee

Apple, a California company, employs tens of thousands of Americans, creates revolutionary products that improve the lives of tens of millions of Americans, and pays billions of dollars annually to the US Treasury in corporate income and payroll taxes. Apple’s shareholders – from individuals and institutions to pension funds and public employee retirement systems – have benefitted from the Company’s success through the appreciation of its stock price and generous dividends. Apple safeguards the capital entrusted to it by its shareholders with prudent management that reflects the Company’s extensive international operations. Apple complies fully with both the laws and spirit of the laws. And Apple pays all its required taxes, both in this country and abroad.

Apple reiterates repeatedly that all of its financial activities are fully legal and in the best interests of its shareholders. The company says it supports comprehensive reform of the U.S. corporate tax system, instead proposing a new system that is "revenue neutral, eliminates all tax expenditures, lowers tax rates and implements a reasonable tax on foreign earnings that allows free movement of capital back to the US." Apple notes that this would likely result in the company paying even more in corporate tax, but supports it nonetheless.

The document includes an extensive history of the company, as well as fairly extensive details about Apple's corporate structure and tax practices, including details about Apple's sales and use tax payments ($1.3 billion in FY2012), state income tax payments ($830 million), and Apple's contributions to employer payroll taxes ($327 million).

It lays out Apple's network of foreign subsidiaries, including several located in Ireland which distribute 'active foreign, post-tax income as dividend payments within Apple's foreign corporate structure'.

Apple wants to make clear to the Subcommittee that the Company does not use its Irish subsidiaries or any other entities to engage in the following tax practices that were the focus of the Subcommittee’s September 20, 2012 hearing, entitled Offshore Profit Shifting and the US Tax Code. Specifically, Apple does not move its intellectual property into offshore tax havens and use it to sell products back into the US to avoid US tax, nor does it use revolving loans from CFCs to fund its domestic operations. Apple does not hold money on a Caribbean island, does not have a bank account in the Cayman Islands, and does not move any taxable revenue from sales to US customers to other jurisdictions in order to avoid US taxation.

The statement continues in some detail, examining Apple's various international holdings and how the company uses them to fund international expansion of retail stores and other investments.

It also notes that analysis of its decision to issue $17 billion in debt to fund share repurchases and dividends, rather than repatriating foreign earnings, "was in its shareholders' best interests".

Apple CEO Tim Cook and CFO Peter Oppenheimer will appear at 9:30AM Eastern time in front of the U.S. Senate Permanent Subcommittee on Investigation. The hearing, titled "Offshore Profit Shifting and the U.S. Tax Code - Part 2" will be in the Dirksen Senate Office Building. The subcommittee is attached to the U.S. Senate Committee on Homeland Security and Government Affairs.

Other witnesses at the hearing include tax policy experts from the IRS and the Department of the Treasury, as well as professors from Harvard and Villanova.

Note: Due to the political nature of the discussion regarding this topic, the comment thread is located in our Politics, Religion, Social Issues forum. All MacRumors forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Popular Stories

iOS 18

Here Are Apple's Full Release Notes for iOS 18.2

Thursday December 5, 2024 11:48 am PST by
Apple seeded the release candidate version of iOS 18.2 today, which means it's going to see a public launch imminently. Release candidates represent the final version of new software that will be provided to the public should no last minute bugs be found, and Apple includes release notes with the RC launch. The iOS 18.2 release notes provide a look at all of the new features that are coming...
Apple AI Command Center Concept Mock 3

Apple Expected to Launch This All-New Device Next Year

Wednesday November 27, 2024 1:05 pm PST by
Apple is expected to kick off 2025 by launching an all-new smart home hub, also referred to as a "command center," as early as March. The hub is expected to feature around a six-inch display that can be attached to a tabletop base with a speaker, or mounted on a wall. The device is said to run a new "homeOS" operating system with a customizable widget-focused home screen, and it is expected...
airpods pro 2 gradient

AirPods Pro 3 Expected Next Year: Here's What We Know

Thursday November 28, 2024 3:30 am PST by
Despite being released over two years ago, Apple's AirPods Pro 2 continue to dominate the wireless earbud market. However, with the AirPods Pro 3 expected to launch sometime in 2025, anyone thinking of buying Apple's premium earbuds may be wondering if the next generation is worth holding out for. Apart from their audio and noise-canceling performance, which are generally regarded as...
Tim Cook WWDC 2024

Apple CEO Tim Cook Opens Up About AI Plans, Vision Pro Future, and More in New Interview

Wednesday December 4, 2024 5:40 am PST by
WIRED today shared in an in-depth interview with Apple CEO Tim Cook, asking questions about AI, Vision Pro sales, pre-recorded keynotes, and more. The wide-ranging interview covers Apple's pivot toward AI technology, including what Apple Intelligence features Cook finds most useful, Apple's partnership with OpenAI, and the environmental impact of AI. For example, WIRED asked Cook about...
Generic iOS 18

Apple Seeds Release Candidate Versions of iOS 18.2 and More With Genmoji, Image Playground and ChatGPT Integration

Thursday December 5, 2024 10:03 am PST by
Apple today seeded the release candidate versions of upcoming iOS 18.2, iPadOS 18.2, and macOS Sequoia 15.2 updates to developers and public beta testers for testing purposes, two weeks after releasing the fourth betas. Alongside the release candidate versions of the iPhone, iPad, and Mac operating system updates, Apple has also seeded the watchOS 11.2, tvOS 18.2, and HomePod Software 18.2 RCs....
Whatsapp Feature

WhatsApp to Drop Support for These iPhones Starting May 2025

Monday December 2, 2024 2:57 am PST by
WhatsApp is set to end support for iOS versions older than iOS 15.1 from May next year, removing the chat platform's compatibility with several iPhone models in the process. From May 5, 2025, WhatsApp will no longer be compatible with iPhone 5s, iPhone 6, and iPhone 6 Plus models. Users with those devices won't be able to access the encrypted chat service after the specified date unless they ...
iPhone 14 Pro Display Two Times Brighter Feature

Every Display Upgrade Rumored for Apple's iPhone 17

Friday December 6, 2024 5:14 am PST by
Apple's next-generation iPhone 17 lineup may bring some of the most significant display improvements we've seen in recent years. While the iPhone 17 series isn't expected until late 2025, multiple rumors suggest Apple is working on substantial screen upgrades across its entire smartphone range. From enhanced refresh rates to advanced materials and improved power efficiency, these display...

Top Rated Comments

LagunaSol Avatar
151 months ago
In the seventeen page statement, Apple notes that it has created hundreds of thousands of jobs in the United States -- both directly and through suppliers and contractors. It notes that the company paid nearly $6 billion in federal taxes in fiscal 2012 and the company expects to pay $7 billion in 2013.

Meanwhile, Google pumps billions into Korean corporate coffers with its "free" mobile OS development, turning Samsung into the singlemost dominant mobile electronics provider in the world.

Yet I'm supposed to cheer for Google and not Apple. Not happening.
Score: 11 Votes (Like | Disagree)
Tiger8 Avatar
151 months ago
Apple needs to start caring about America and creating domestic jobs.

I thought they already have tens of thousands of jobs here? Are you saying they should stop operations overseas altogether?

Nothing is more American than a capitalist company, and Apple is a prime example of a capitalist company
Score: 11 Votes (Like | Disagree)
Millah Avatar
151 months ago
Meanwhile, Google pumps billions into Korean corporate coffers with its "free" mobile OS development, turning Samsung into the singlemost dominant mobile electronics provider in the world.

Yet I'm supposed to cheer for Google and not Apple. Not happening.

Yes, funny how all these "patriots" seem to constantly pick apart their American company while constantly bolstering a Korean conglomerate with questionable practices both in Korea and abroad. And Apples the "unpatriotic" one? Irony at its finest.
Score: 10 Votes (Like | Disagree)
Peace Avatar
151 months ago
Apple needs to start caring about America and creating domestic jobs.

All American tech companies need to do this.
Score: 7 Votes (Like | Disagree)
supremedesigner Avatar
151 months ago
Bottom line: This is not Apple's problems. It is the governments' problems. Apple is doing what's right.
Score: 6 Votes (Like | Disagree)
mbh Avatar
151 months ago
Well, there you have it. Apple officially stated it doesn't not evade taxes using the "Double Irish Dutch Sandwich".

Do we believe them?

I think Apple is very aware that they are under an intense amount of scrutiny from almost every angle, so they're playing pretty much everything as straight as possible. I really doubt that Tim and Peter would go and lie in front of congress. Apple gets headlines for merely having magnets in their products; imagine what lying about their taxes would do.
Score: 5 Votes (Like | Disagree)