Later this week, Apple and the government of Ireland will appeal against the European Union’s $14.5 billion tax ruling targeting Apple’s sweetheart tax deal with Dublin that the EU deemed “illegal state aid.” According to Reuters today, the Cupertino firm will object to the fact that EU regulators ignored established tax experts and common corporate law.
Apple’s legal strategy involves painting itself as a victim of its own success. EU deliberately singled out Apple due to its success and picked a method to maximize the penalty, said Apple’s top lawyer Bruce Sewell.
In August, the European Commission slammed Apple with a tax bill from hell over a sweetheart deal it received from Ireland—which, in the Commission’s view, constitutes “illegal state aid”.
Dublin promptly promised to join Apple’s fight against EU and it’s put its money where its mouth is.
Michael Noonan, Finance Minister in the Irish government, said that Dublin today challenged the EU judgment by submitting an appeal to the European courts in a bid to block the decision, ArsTechnica reports.
Following news earlier this week that the European Commission had ruled that Apple must pay €13 billion ($14.5 billion) in back taxes to the government of Ireland because its sweetheart deal with Dublin that lets it be subjected to a lower tax rate constitutes “illegal state aid,” the Irish government said today it would join Apple in its fight against the ruling.
“Paradoxically, Ireland is determined not to accept the tax windfall, which would be equivalent to what it spent last year on funding its struggling health service,” says the report.
The European Commission has ruled that Apple is on the hook for €13 billion ($14.5 billion) in back taxes as its “sweetheart deal” to pay a lower tax rate in Ireland has been characterized as “illegal state aid”.
Apple is going to appeal the ruling and now CEO Tim Cook has penned an open letter, entitled “A Message to the Apple Community in Europe,” in which he explains Apple’s position in this case, writing he is “confident” that the huge tax bill will be reversed.
At a press conference Tuesday, the European Commission’s competition commissioner Margarethe Vestager announced that the European Union has ordered the government of Ireland to collect up to €13 billion, or about $14.5 billion, in back taxes from Apple. The sum represents Europe’s largest tax penalty and a significant increase over the 1 billion figure floated around ahead of the ruling.