Jay Weill comments on Apple’s tax practices for the San Jose Mercury News

San Jose Mercury News

A recent Senate inquiry into Apple’s tax strategies has revealed practices that raised concerns among some senators, but tax law experts believe these revelations are unlikely to result in significant legal or legislative changes. Although Apple may face increased scrutiny from the IRS, the experts suggest that no legal action is expected.

The inquiry focused on how Apple uses Irish-based subsidiaries to minimize its tax burden. While Apple CEO Tim Cook defended the company’s actions, stating that they comply with both the letter and spirit of the law, experts pointed out that Apple’s practices, though legal, are aggressive and exploit loopholes in the tax code.

Jay Weill, Criminal Tax Attorney at Sideman & Bancroft in San Francisco and former chief of the tax division in the U.S. Attorney’s Office in San Francisco, commented that the inquiry would likely only lead to some legislative proposals. He noted, “Nothing will probably come of this other than maybe some legislative proposals.” Weill also highlighted the challenges the IRS might face in pursuing an investigation against a company as well-resourced as Apple.

Senators such as John McCain initially criticized Apple’s tax strategies but later emphasized the need for legislative reforms rather than punitive action against the company. Despite bipartisan recognition that the corporate tax code needs reform, experts, like Michael Kroll from the University of Pennsylvania, noted that meaningful changes are unlikely in the near future due to political divisions.

In conclusion, while Apple’s tax practices have drawn attention, significant changes to the company’s operations or the broader tax code seem improbable for now.

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Jay Weill focuses his practice on civil and criminal tax controversies, white-collar defense, and complex commercial litigation. With more than 35 years of experience in government service, including 25 years as Chief of the Tax Division for the U.S. Attorney’s Office in San Francisco, Jay has litigated and supervised over 135 reported cases. He has extensive knowledge in IRS criminal investigations, administrative and appellate tax proceedings, and trials in federal and state courts. Jay’s deep understanding of tax law and his relationships with federal enforcement agencies enable him to efficiently resolve complex disputes involving the IRS, Department of Justice, and state tax authorities.