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Apple ordered to repay record €13bn to cover unpaid EU tax Apple ordered to repay record €13bn to cover unpaid EU tax
(35 minutes later)
The European Commission ruled on Tuesday that "selective treatment" by Ireland allowed Apple to pay a tax rate of one percent on EU profits in 2003 down to 0.005 per cent in 2014. The US company has been ordered to pay up to €13 billion to cover the unpaid tax.The European Commission ruled on Tuesday that "selective treatment" by Ireland allowed Apple to pay a tax rate of one percent on EU profits in 2003 down to 0.005 per cent in 2014. The US company has been ordered to pay up to €13 billion to cover the unpaid tax.
“Member States cannot give tax benefits to selected companies – this is illegal under EU state aid rules. 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. In fact, this selective treatment allowed Apple to pay an effective corporate tax rate of 1 percent on its European profits in 2003 down to 0.005 percent in 2014,” said EU Competition Commissioner Margrethe Vestager EU in a press release before her speech. “Member States cannot give tax benefits to selected companies – this is illegal under EU state aid rules. 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. In fact, this selective treatment allowed Apple to pay an effective corporate tax rate of one percent on its European profits in 2003 down to 0.005 percent in 2014,” said EU Competition Commissioner Margrethe Vestager EU in a press release before her speech.
Vestager has prepared a 130-page ruling on Apple's Ireland operations which is due to be released Tuesday. The investigation has been going on for three years. Apple was attributing its profits to a "head office" in Cork that had no employees, premises or any economic activity, and paid almost no tax, said Vestager.
The 130-page ruling on Apple's Irish operations was published on Tuesday following a three-year investigation.
“I disagree profoundly with the commission’s decision,” said Irish Finance Minister Michael Noonan, adding that the country’s tax system leans on the law “without exception.”
According to a FT source familiar with the matter, Apple would have to restate its accounts as a result of the ruling. The US company allegedly paid tax at a rate of one percent, well below Ireland’s then official 12.5 percent corporate tax.According to a FT source familiar with the matter, Apple would have to restate its accounts as a result of the ruling. The US company allegedly paid tax at a rate of one percent, well below Ireland’s then official 12.5 percent corporate tax.
The investigation was accompanied by strong warnings from Washington not to fine American companies. The US Department of Justice accused the European Commission of becoming a “supranational tax authority” overriding the tax codes of its member countries. The Obama administration warned the EU that the investigation could “create an unfortunate international tax policy precedent.”The investigation was accompanied by strong warnings from Washington not to fine American companies. The US Department of Justice accused the European Commission of becoming a “supranational tax authority” overriding the tax codes of its member countries. The Obama administration warned the EU that the investigation could “create an unfortunate international tax policy precedent.”
The European Commission accused Ireland in 2014 of dodging international tax rules by allowing Apple to funnel tens of billions of dollars of European profits into the country in return for maintaining jobs. Apple and Ireland reject the allegations and say they will appeal should there be an unfavorable ruling. The European Commission accused Ireland in 2014 of dodging international tax rules by allowing Apple to funnel tens of billions of dollars of European profits into the country in return for maintaining jobs. Apple has rejected the decision and said it will appeal.
READ MORE: Google to face another European monopoly charge
The multibillion dollar penalty for Apple will be much bigger than fines on other US companies such as Starbucks and Fiat Chrysler. The European watchdog had previously ordered the Netherlands and Luxembourg to recover €30 million in unpaid taxes from the coffee company and car maker.The multibillion dollar penalty for Apple will be much bigger than fines on other US companies such as Starbucks and Fiat Chrysler. The European watchdog had previously ordered the Netherlands and Luxembourg to recover €30 million in unpaid taxes from the coffee company and car maker.
The biggest penalty to date involved EDF, the French energy group, which was ordered to repay €1.4 billion.The biggest penalty to date involved EDF, the French energy group, which was ordered to repay €1.4 billion.