A second highest court of the EU has overturned a ruling in favor of Apple which had been initially ordered to pay a record fee of US$14.9 billion in taxes back to the Irish government.
The ruling was originally made by the European Commission back in 2016 with odds against Apple until there was a court ruling against the EU Antitrust body headed by Margrethe Vestager who had initially concluded that a “Sweetheart deal” from the Irish government meant that Apple paid an effective tax rate of less than 1% which is a preferential deal that is deemed “illegal state aid.”
“Member States cannot give tax benefits to selected companies — this is illegal under EU state aid rules,” said Vestager in 2016. “The Commission’s investigation concluded that Ireland granted illegal tax benefits to Apple, which enabled it to pay substantially less tax than other businesses over many years.”
Both Apple and the Irish government refuted this, with Apple CEO Tim Cook calling the ruling “total political crap.” Ireland’s government moved to appeal the decision, hoping to also refute allegations that the country was essentially a tax haven for the EU bloc.
The 2016 decision had been overturned on Wednesday July 15th 2020 by the General Court of the EU which stated that “the Commission did not succeed in showing to the requisite legal standard that there was an advantage” for Apple.
“The General Court considers that the commission did not prove, in its alternative line of reasoning, that the contested tax rulings were the result of discretion exercised by the Irish tax authorities,” said the court.
The Irish Department of Finance welcomed the ruling, saying in a statement: “Ireland has always been clear that there was no special treatment provided to [Apple]. The correct amount of Irish tax was charged, taxation in line with normal Irish taxation rules.”
Apple also welcomed the decision, saying the case “was not about how much tax we pay, but where we are required to pay,” reports Bloomberg.
Margrethe Vestager, now the Executive Vice-President of the European Commission, said the Commission would “carefully study the judgment and reflect on possible next steps.”
“The Commission stands fully behind the objective that all companies should pay their fair share of tax,” said Vestager in a statement. “If Member States give certain multinational companies tax advantages not available to their rivals, this harms fair competition in the EU.”
But there is chance to appeal the case with two months and 10 days to do so before everything gets overturned completely and the EU Antitrust body won’t be able to do so any longer.
