Industry & Business

EC Publishes Apple Tax Ruling

 Breaking News
  • The Licencing of FinTech Firms Across Europe The European Securities and Markets Authority (ESMA), the EU’s securities markets’ regulator, has published a report on the status of licencing regimes of FinTech firms across the European Union (EU).  The report is based on two surveys conducted by ESMA since January 2018, which gathered evidence from national competent authorities (NCAs) on the licensing regimes of FinTech firms [...]...
  • MessageBird Opens New Office in Dublin MessageBird, the Amsterdam-based cloud communications platform company, is expanding its European operations with a new office in Dublin. Led by former Salesforce and Oracle executive, Roberto Marzo, the new office will employ up to 50 new positions over the next two years. Initial hires will focus on sales, customer success and support for MessageBird’s fast-growing European [...]...
  • Signing of the Ireland-China MOU to Promote Science, Technology and Innovation Co-operation A revised Memorandum of Understanding (MOU) to promote science, technology and innovation cooperation between Ireland and China has been signed. The revised MOU between the Department of Business, Enterprise and Innovation and the Ministry of Science and Technology of the People’s Republic of China replaces the 2012 MOU to promote science, technology and co-operation. It [...]...
  • Colm McLoughlin Honoured at Aviation Industry Awards in Ireland At a glittering industry gathering that attracted over 300 senior aviation executives in Ireland, Dubai Duty Free’s Executive Vice Chairman & CEO, Colm McLoughlin, was presented with the Outstanding Contribution to the Aviation Industry award at the annual Aviation Industry Awards in Dublin. Colm McLoughlin, who celebrated his 50th anniversary in the duty free industry on [...]...
  • Irish Hotel Sector at a Turning Point Crowe, Ireland’s leading accountancy practice and advisors to the Irish hotel sector, has launched the 24th edition of Ireland’s most comprehensive annual analysis of the Irish hotel sector. The Crowe Ireland Annual Hotel Survey, compiled from an analysis of Irish hotels’ 2018 accounts, shows that the sector experienced a positive year in 2018 with an eight-consecutive year of [...]...

EC Publishes Apple Tax Ruling

EC Publishes Apple Tax Ruling
December 20
14:03 2016

The European Commission on Tuesday published its ruling on August 30 that Ireland effectively granted state aid to Apple. The release comes after the Departmnet of Finance published its legal arguments against the decision on Sunday, saying “Ireland does not accept the Commission’s analysis, which is why we have lodged an application with the General Court of the European Union to annul the whole Decision. Ireland did not give favourable tax treatment to Apple – the full amount of tax was paid in this case and no State aid was provided. Ireland does not do deals with taxpayers.”

The Department of Finance contends that the commission has “misunderstood the relevant facts and Irish law” and that Apple was compliant with the tax rules applicable to non-resident companies. The commission attributed Apple’s intellectual property lcienses to the Irish branches of Apple, which the state said was not consistent with Irish law.

The Department of Finance argued that Apple was not given an unfair advantage and accused the commmission of attempting to re-write Irish corporation tax rules. They Department of Finance also claims that the commission invoked OECD documents from 2010 to make their case, which would not be binding on event before that date, if at all.

The commission’s 130 page published ruling concluded that the tax rulings issued by Irish Revenue in favour of Apple “confer a selective advantage on those companies that is imputable to Ireland and financed through State resources, which distorts or threatens to distort competition and which is liable to affect trade between Member States. The contested tax rulings therefore constitute State aid… since the contested tax rulings give rise to a reduction of charges that should normally be borne by ASI and AOE in the course of their business operations, the contested tax ruling should be considered as granting operating aid to ASI and AOE.”

The ruling looked at examples, supplied by the Irish state, of other companies in similar situations were treated by Irish Revenue, and found that  “the choice of methods is not systematic even where the activities being described are similar.”

The European Commission’s ruling can be read here.

The Irish government’s response can be read here.

About Author

editor

editor

Related Articles

New Subscriber

Subscribe Here



Advertisements





















National Manufacturing Conference & Exhibition 2018

NIBRT Springboard Success Stories



Upcoming Events

  • No upcoming events
AEC v1.0.4