Apple has lost its battle to maintain its tax deal with Ireland, with the European Court of Justice ruling the company must pay $14 billion in back taxes.
Apple has had a sweetheart deal with Ireland for years before the EU Commission ruled the deal was illegal. Apple and Ireland have both defended the deal and its legality, even scoring a win at the lower General Court of the European Union.
The EU’s top court has ruled against Apple, calling it “a big win.”
The Irish government, in a statement, reiterated its support of its deal with Apple, saying it did not give preferential treatment to companies.
The Government of Ireland has today (Tuesday) noted the statements in relation to the judgment from the Court of Justice of the European Union (CJEU) that did not find in favour of Ireland’s arguments in the Apple State aid case. We will consider the judgment carefully when it is circulated.
The Irish position has always been that Ireland does not give preferential tax treatment to any companies or taxpayers. The CJEU has found that the tax paid was insufficient and that a greater amount of taxation was required to be recovered. Ireland will of course respect the findings of the Court regarding the tax due in this case.
Today’s judgment provides the final determination in this case and the process of transferring the assets in the Escrow Fund to Ireland will now commence in the manner prescribed in the Deed governing the operations of the Escrow Fund.
Apple’s Ireland tax deal has been a significant part of its financial strategy. With the loss of the deal, only time will tell if Apple keeps its Irish operations open or works to find another, more welcoming jurisdiction.