Court sides with Apple, Ireland in appeal of €13 billion EU tax order

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Court sides with Apple, Ireland in appeal of €13 billion EU tax order

Europe's second-highest court on Wednesday overturned a ruling ordering tech giant Apple to reimburse Ireland for €13 billion ($15 billion) in bac

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Europe’s second-highest court on Wednesday overturned a ruling ordering tech giant Apple to reimburse Ireland for €13 billion ($15 billion) in back taxes.

The General Court ruled in favor of Apple and Ireland in a joint appeal of a 2016 ruling from the European Commission, saying the US tech firm does not have to pay the sum. 

“The General Court annuls the contested decision because the Commission did not succeed in showing to the requisite legal standard that there was an advantage for the purposes of Article 107(1) TFEU1,” judges in Luxembourg said, making reference to EU competition rules.

The decision is open to further appeal on points of law to the European Court of Justice.

EU takes on big tech

A 2016 ruling from European Commission said the iPhone maker had benefited from illegal state aid owing to two Irish court decisions that allegedly artificially reduced Apple’s tax burden.

The decision was part of a series of anti-trust cases that targeted major US firms including Starbucks, McDonald’s and Amazon.

The Commission had ruled that tax deals struck by Apple and other companies with countries such as Ireland, the Netherlands and Luxembourg constitute illegal state aid, a violation of EU regulations.

Both Apple and Ireland appealed the ruling. 

Apple has had a base in the southern city of Cork since 1980, where it employs more than 5,000 people and through which it routes international sales, avoiding billions in corporation taxes.

Profit shifting under fire

The ruling is a blow in the European Commission’s fight to reduce the practice of profit shifting whereby multinational companies shift profits from a high tax jurisdiction to a lower one.

The EU’s lower court last year overturned a ruling that had ordered Starbucks to pay €30 billion in Dutch back taxes. In a separate case, the court threw out a ruling against a Belgian tax scheme for 39 multinationals.

The ruling is likely to be taken into account in pending cases against Ikea, Nike, and other international firms.

The decision comes amid an EU campaign to increase taxation and limit the power of digital behemoths like Apple, though some member states are opposed.

Ireland’s economy has benefited from the presence of multinational corporations attracted by the country’s low tax rates. Dublin is seen as unwilling to accept a ruling suggesting that its tax laws are too lax.

kp/sms (AP, AFP, dpa, Reuters)



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