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Irish Ministers Set To Appeal EU Apple Tax Bill

The EU ruled that was “illegal state aid”.

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But Margrethe Vestager, the EC competition commissioner, has said it is wrong that Apple paid the equivalent of 1% corporation tax on its European profits in 2003 and was down to 0.0005% by 2014.

Cook said Apple announced last week that the company intends to bring back billions of those profits next year.

“It’s very clear that companies involved in tax-moderation strategies are doing so as a reaction to an oppressive US corporate tax system”, Sepp advises.

Apple has already said it will appeal to the EU’s General Court and Ireland is following suit after three days of talks between ministers from the right-of-center Fine Gael party, which leads the government, and ministers from the Independent Alliance, a much smaller grouping.

In its annual report, Apple does make large provisions for USA taxes, which allows it to claim that it has an effective tax rate of 26% – much higher than many other tech firms.

But the EU’s investigations have drawn the ire of the USA government.

“It is important the government stands strong on that because future investment for business really depends on a level of certainty”, he said. Ireland will appeal against the ruling that it had supplied illegal state aid worth €13 billion to Apple, but-in a concession to reluctant MPs-an independent review of the tax treatment of multinationals in the country will take place.

Apple chief executive Tim Cook told Irish broadcaster RTÉ that the European Commission’s conclusion was “maddening” and “political”.

It’s unclear whether Cook’s forecast of a repatriation in 2017 depends on U.S. tax reform, or would happen without that. The US government said it would consider retaliating if the European Union continued hounding US companies for unpaid taxes.

“There’s nothing like an external enemy to unite people”, Gale said. According to the EC, these tax benefits enabled Apple to pay substantially less tax than other businesses over many years.

“How could any foreign direct investor come into Europe if they thought the valid arrangements they made under law could be overturned a generation later and they be liable to pay back money”, he said at a news conference.

But the government’s independent ministers have been reluctant to back the appeal.

Importantly, the tax agency spokesman added: “This is even more critical where countries provide “tax holidays” to particular companies or industries”, in reference to the United States offering multinationals temporary, very low tax rates on those profits to try and get them to bring back funds into the US.

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In reality, loopholes in the U.S. tax code allow American multinationals to aggressively defer tax payments so long as any income earned outside the U.S. is kept offshore.

Apple has turned to Freshfields Bruckhaus Deringer as it looks to appeal the European Commission's ruling it must pay €13bn in back taxes to Ireland