Apple scored a major win on Wednesday as Europe's second-highest court rejected an EU order for the iPhone maker to pay 13 billion euros ($15 billion) in Irish back taxes, dealing a blow to the bloc's attempts to crack down on sweetheart tax deals.
LUXEMBOURG/DUBLIN - Apple scored a major win on Wednesday as Europe’s second-highest court rejected an EU order for the iPhone maker to pay 13 billion euros in Irish back taxes, dealing a blow to the bloc’s attempts to crack down on sweetheart tax deals.
They said the EU executive was wrong to say Apple’s two Irish subsidiaries - Apple Sales International and Apple Operations Europe - had been granted a selective economic advantage and, by extension, state aid. The defeat for European Competition Commissioner Margrethe Vestager could weaken or delay pending cases against Ikea’s and Nike’s deals with the Netherlands, as well as Huhtamaki’s agreement with Luxembourg.
“Its defeat is very similar to its defeat in the Starbucks cases, that is it won on matters of legal principle and lost due to the allocation of evidentiary onus,” he said. The ruling puts Ireland’s tax regime back in the spotlight at a delicate juncture. With attempts to get a global agreement on taxing multinationals buckling, plans for an EU tax could be revived, putting Dublin’s low rates in the firing line.
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