Apple challenges European tax refund decision

Apple will officially appeal this week against the European Commission’s decision that the group must repay 13 billion euros in tax relief to Ireland. According to Apple, the company is an “easy target” and the EU has ignored legal advice.

Apple criticizes the European Commission’s decision against Reuters. The company complains that it has been tackled for its success: “Apple is an easy target because it generates a lot of headlines. It ensures that the committee member can become ‘2016 Dane of the Year’.” It was the Dane Margrethe Vestager of the European Commission who oversaw the investigation against Apple and presented the decision.

According to Apple, the European Commission has ignored important statements from an Irish tax expert: “Not only did the committee not object, but probably didn’t even read them because there is no reference to them at all.”

Finally, Apple complains that a method of calculating the refund has been chosen that incorrectly arrives at the highest possible amount. Among other things, Apple contradicts the claim that the office of Apple Sales International and Apple Operations Europe only existed on paper. According to Apple’s lawyers, it does not mean that a holding company is inactive and unmanaged if it has no employees on the books.

In August, the European Commission announced its decision on tax refunds. The Irish tax law meant that the profits of Apple Sales International and Apple Operations Europe remained largely untaxed, so that there was in fact state aid, the committee wrote at the time. The Irish government has also appealed the decision.