The new scheme is called “Capital Allowances for Intangible Assets”, and in practice it’s the same as “Double Irish with a Dutch Sandwich”. They were both very intentionally put in place by the Irish government, to allow (mostly) giant US firms to pay nearly zero tax on non-US profits, as long as they open Irish offices and employ a decent number of Irish people.
The closing of the Double Irish tax evasion scheme is indeed largely useless, as Ireland ensured that there’s a good replacement. They don’t want to lose the jobs that come with these tax evasion schemes.
Or rather, if they can't find a legal loophole they'll use billions of dollars they have in their pockets because of previous tax avoidance efforts to lobby for new legal loopholes.
And even Ireland still remains one of those jurisdictions: while they were successfully pressured into passing this new general legislation, Ireland have refused to accept Apple's unpaid taxes and are spending millions fighting the EU ruling in court[0]
Yes, but that takes time, and it involves the company trusting their money to a third party that is trustworthy in inverse proportion to how much tax leniency they are willing to grant.
"You can't stop us from dodging taxes so don't even try" is what they want us to believe, because if we believe it then they can dodge taxes every year without inconvenience.
Do you think that the accountants at Google, Apple, et al. have failed to foresee this sort of pushback? I personally don't doubt they've been planning alternative tax-avoidance scenarios for years. That would include lobbying other jurisdictions for favorable tax treatment in any rational scenario.
To date, they have suffered no serious financial or reputational consequences for tax evasion, so there's no reason to think they won't continue to avoid taxes as part of their overall financial strategy.
"A loophole is an ambiguity or inadequacy in a system, such as a law or security, which can be used to circumvent or otherwise avoid the purpose, implied or explicitly stated, of the system." [1]
A loophole is by definition legal, otherwise it would be fraud.
That's why it's called a 'loophole' - when the letter of the law is followed, but the intent is subverted (or what people imagine what the intent should have been).
I am pretty sure the lawmakers intended it exactly as it was used. I'd give them benefit of doubt if they closed the hole within a year after discovery, but this is the most well known tax loophole of which even children know the name, used for several decades.
I guess nothing it's illegal if you are not prosecuted/convicted for the said activities. Not even if you are a war criminal (see the recent Trump saga).
The tax rules are confusing and complex enough so that only the wealthy can benefit(i.e. use loopholes).
Maybe they are starting to see the writing on the wall: if they keep hiding their profit away, governments are eventually going to tax them on their revenues, regardless of profit. Or based on worldwide profit rather than local profit. That's what France is starting to do, and what the EU is looking very closely at.
I could imagine the US following through: the idea that rich megacorps should pay taxes is not particularly unpopular. And if you can't tax profit, then you have to tax something else...
Google actually does this a lot already. It's a very minor thing, but pay attention to the text when signing up for Google services in various countries (cloud, ads, play, etc...), and who you are actually paying your money to. Much of the time, you aren't paying to Google Inc.
The closing of the Double Irish tax evasion scheme is indeed largely useless, as Ireland ensured that there’s a good replacement. They don’t want to lose the jobs that come with these tax evasion schemes.