European Commission Made 'Fundamental Errors' in Irish Tax Ruling, Says Apple - MacRumorsOpen MenuShow RoundupsShow Forums menuVisit ForumsOpen Sidebar
Skip to Content

European Commission Made 'Fundamental Errors' in Irish Tax Ruling, Says Apple

EU apple taxApple has claimed that the European Commission made "fundamental errors" when it ruled last year that the company owed Ireland 13 billion euros ($13.7 billion) in unpaid taxes plus interest.

Apple appealed the commission's decision in December, but on Monday the company published a piece in the Official Journal of the European Union detailing 14 pleas in law to support its action, according to The Irish Times.

The European Commission argues that Irish revenue commissioners gave Apple unfair advantage between 1991 and 2007 by allowing the company to move income from the European market through two "non-resident" head office subsidiaries based in Ireland.

Apple and the Irish government, which has also appealed the commission's decision, argue that the bulk of those profits are due in the U.S.

"The Commission made fundamental errors by failing to recognize that the applicants' profit-driving activities, in particular the development and commercialization of the intellectual property (Apple IP), were controlled and managed in the United States," Apple said, according to the Official Journal. "The profits from those activities are attributable to the United States, not Ireland."

Apple maintained that the commission had "failed to recognize that the Irish branches carried out only routine functions and were not involved in the development and commercialization of Apple IP, which drove profits".

Cupertino also said that the commission failed to conduct a diligent and impartial investigation, and "exceeded its competence" as it relates to the Treaty on the Functioning of the European Union, by "attempting to redesign Ireland's corporate tax system".

Apple CEO Tim Cook has called the EC's ruling "total political crap" and described the lower end 0.005% tax rate Apple is accused of paying as a "false number". The Apple CEO believes that the decision will be reversed.

Appeals by Apple and the Irish government have been made to the European Union's General Court, where proceedings may take up to two years to complete, after which the case is likely to go all the way to the European Court of Justice.

Note: Due to the political nature of the discussion regarding this topic, the discussion thread is located in our Politics, Religion, Social Issues forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Popular Stories

european commission

Apple Defends Google Against EU Proposal to Give AI Rivals Access to Services

Wednesday May 13, 2026 9:08 am PDT by
Apple has stepped in to warn that EU proposals to force Google to open Android to competing AI services pose serious risks to user privacy, security, and safety. Apple's latest submission to the EU comes (via Reuters) in response to the European Commission's call for feedback on draft measures designed to help Google comply with the Digital Markets Act (DMA). The proposals would allow...
f1

Apple's F1 Streaming Ambitions Hit Wall as Sky Renews European Rights

Thursday May 14, 2026 4:44 am PDT by
Apple's interest in expanding its Formula 1 streaming deal for Apple TV beyond the United States may have stalled, after Sky Sports signed early renewals to retain the sport's broadcast rights across its largest European markets. Sky and F1 jointly announced on May 6 that Sky will remain F1's exclusive live broadcast partner in the UK and Ireland through the 2034 season, and in Italy through ...
Apple Card iPhone 16 Pro Feature

Apple Card Promo to Offer Free AirPods Pro 3

Friday May 15, 2026 8:59 am PDT by
Starting as early as next week, customers who sign up for an Apple Card at Apple's retail stores in the U.S. will receive $249 cash back when they purchase AirPods Pro 3, according to Bloomberg's Mark Gurman. The promotion has yet to be officially announced by Apple, so exact terms and conditions are not available at this time. AirPods Pro 3 are priced at $249 in the U.S., so customers who...

Top Rated Comments

121 months ago
Apple CEO Tim Cook has called the EC's ruling "total political crap ('https://www.macrumors.com/2016/09/01/tim-cook-tax-total-political-crap/')" and described the lower end 0.005% tax rate Apple is accused of paying as a "false number".
Instead of trying to cloud the waters Tim, how about coming clean on what tax rate you actually pay?
No, didn't think so...

EDIT: For clarification, when I say "you" I am referring to Apple. Not Tims personal tax rate.
Score: 27 Votes (Like | Disagree)
bladerunner2000 Avatar
121 months ago
Apple is happy to benefit from them though. Anything not to pay it's fair share in taxes in USA.

What a lovely company... such integrity.
Score: 14 Votes (Like | Disagree)
niun Avatar
121 months ago
Don't Apple pay their fair share of taxes in the US?

I was under the impression that everything it sold in the US was taxed there. Everything sold abroad was taxed abroad - unless Apple brings its offshore cash to the US.

Not trying to start an argument - honestly asking if there's something I've missed.
From what I have worked out in my small brain.

Everything sold in U.S. is taxed in US..
Everything sold abroad (E.U.) is put through an IP ringer so that's it's not taxed in any country apart from Ireland. It's taxed there at 0.005% or another criminally low number thanks to the head office being there in name only.
Apple are saying that the cash offshore is supposed to be taxed at the very high U.S. tax rate if and when they bring it home so in theory they are paying whatever the U.S. corporation tax is.. Just not whilst the cash is outside of the U.S.
[doublepost=1487681906][/doublepost]
This ruling is intended to extract the billions from the US Treasury and transfer it to the EU.
Bollox.
Just think how much cash the U.S. treasury would be bringing in if Apple were forced to bring that cash home?

And for any who say, "The government shouldn't be trusted with taxes, they just waste the cash". Apple are doing NOTHING with it.. That could be repairing roads, bridges, providing schools, hospitals etc...
Score: 9 Votes (Like | Disagree)
niun Avatar
121 months ago
"You publish your tax return first, please."
Is the other poster
a. A huge tech corporation with dodgy tax dealings in Ireland?
b. Currently under investigation by the EU?

No? Didn't think so..

I'd also like to see Tim come clean on Apple's tax in Ireland and around the world for that matter.
Score: 9 Votes (Like | Disagree)
ILikeAllOS Avatar
121 months ago
If I have to pay my taxes then so do you Apple.
Score: 7 Votes (Like | Disagree)
121 months ago
I'm happy to see Apple being called out on this sort of thing...but I don't see why Ireland should be the ones getting a $13b bonus when they are effectively co-conspirators!

Back taxes should be paid across the countries where Apple derived the income. "Profit-driving activities" is not R&D, it's selling the results of that R&D. You can do all the US-based R&D you want, it's selling those products to customers all around the world that results in a profit.
Score: 6 Votes (Like | Disagree)