Apple Set to Appeal EU Tax Ruling This Week

EU-apple-taxApple is set to appeal this week against the European Commission's ruling that it must pay up to 13 billion euros ($13.8 billion) to Ireland in back taxes (via Reuters).

EU regulators concluded in August that Apple had received undue tax benefits from Ireland – where the company's European headquarters are located – which allowed it to pay substantially less than other companies.

Apple CEO Tim Cook vowed to appeal the ruling at the time, calling the back tax calculation a "false number" and the EU's judgement "total political crap". The Irish government also rejected the conclusion and said it would fight to reverse it.

On Monday, Apple's General Counsel Bruce Sewell told Reuters that the company's imminent legal challenge will be based on its belief that EU regulators willfully ignored tax experts to come to its conclusions.

"The Irish put in an expert opinion from an incredibly well-respected Irish tax lawyer. The Commission not only didn't attack that - didn't argue with it, as far as we know - they probably didn't even read it. Because there is no reference (in the EU decision) whatsoever."

Sewell also said Apple intends to challenge the EU's basis for its penalty judgement, and will argue that a "crazy notion of non-residency" was chosen on purpose to produce a punitive amount, when other legitimate tax law arguments could have been used that would "produce much lower numbers". As to why the EU had gone down its chosen route, Sewell said he believed regulators had singled out the company because of its success.

"Apple is not an outlier in any sense that matters to the law. Apple is a convenient target because it generates lots of headlines. It allows the commissioner to become Dane of the year for 2016," he said, referring to the title accorded by Danish newspaper Berlingske last month.

Ireland also issued a statement on Monday, saying that the EU commission had "misunderstood the relevant facts and Irish law".

"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," it said. "Ireland does not do deals with taxpayers."

In addition, Apple says it plans to tell the court that the Commission erred when it ruled that Ireland-based Apple Sales International (ASI) and Apple Operations Europe existed only on paper, with no justification for the billions of euros it posted in untaxed profits. Sewell said that just because a holding company has no employees on its books doesn't mean it is inactive, since it could be actively managed by employees of its parent company:

"When Tim Cook, who is the CEO of our company, makes decisions that impact ASI, the Commission says we don't care because he is not an ASI employee, he is an Apple Inc employee. But to say that somehow Tim Cook can't make decisions for ASI is a complete mis-statement of corporate law, it's a misunderstanding of how corporations operate."

The strongly worded statements from Apple and the Irish government form a two-pronged attack on the European Commission as it readies a more detailed version of its ruling for publication before the court case begins.

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

iOS 26

iOS 26.4 and iOS 27 Features Revealed in New Leak

Friday December 12, 2025 10:56 am PST by
Macworld's Filipe Espósito today revealed a handful of features that Apple is allegedly planning for iOS 26.4, iOS 27, and even iOS 28. The report said the features are referenced within the code for a leaked internal build of iOS 26 that is not meant to be seen by the public. However, it appears that Espósito and/or his sources managed to gain access to it, providing us with a sneak peek...
Apple Logo Top Half

Early iOS 26 Software Leak Uncovers Dozens of Upcoming Apple Features

Monday December 15, 2025 3:05 pm PST by
Software from an iPhone prototype running an early build of iOS 26 leaked last week, giving us a glimpse at future Apple devices and iOS features. We recapped device codenames in our prior article, and now we have a list of some of the most notable feature flags that were found in the software code. In some cases, it's obvious what the feature flags are referring to, while some are more...
apple beta 26 lineup

Apple Leak Confirms Work on Foldable iPhone, AirTag 2, and Dozens More Devices

Monday December 15, 2025 2:05 pm PST by
Last week, details about unreleased Apple devices and future iOS features were shared by Macworld. This week, we learned where the information came from, plus we have more findings from the leak. As it turns out, an Apple prototype device running an early build of iOS 26 was sold, and the person who bought it shared the software. The OS has a version number of 23A5234w, and the first...
iOS 26

iOS 26.3 Beta 1 Features: What's New So Far

Monday December 15, 2025 4:23 pm PST by
Apple is testing iOS 26.3, the next version of iOS 26 that will launch around January. Since iOS 26.3's testing is happening over the holidays, it is a smaller update with fewer features than we've seen in prior betas. We've rounded up what's new so far, and we'll add to our list with subsequent betas if we come across any other features. Transfer to Android Apple is making it simpler...
Apple Foldable Thumb

Leak Reveals Foldable iPhone Details

Monday December 15, 2025 9:09 am PST by
The first foldable iPhone will feature a series of design and hardware firsts for Apple, according to details shared by the Weibo leaker known as Digital Chat Station. According to a new post, via machine translation, Apple is developing what the leaker describes as a "wide foldable" device, a term used to refer to a horizontally oriented, book-style foldable with a large internal display....
iOS 26

Apple Releases iOS 26.2 With Alarms for Reminders, Lock Screen Changes, Enhanced Safety Alerts and More

Friday December 12, 2025 10:10 am PST by
Apple today released iOS 26.2, the second major update to the iOS 26 operating system that came out in September, iOS 26.2 comes a little over a month after iOS 26.1 launched. ‌iOS 26‌.2 is compatible with the ‌iPhone‌ 11 series and later, as well as the second-generation ‌iPhone‌ SE. The new software can be downloaded on eligible iPhones over-the-air by going to Settings >...
airpods max 2024 colors

AirPods Max 2 Likely to Offer These 10 New Features

Monday December 15, 2025 7:41 am PST by
Apple released the AirPods Max on December 15, 2020, meaning the over-ear headphones launched five years ago today. While the AirPods Max were updated with a USB-C port and new color options last year, followed by support for lossless audio and ultra-low latency audio this year, the headphones lack some of the features that have been introduced for newer generations of the regular AirPods and the ...
iOS 26

iOS 26.2 Coming Soon With These 8 New Features on Your iPhone

Thursday December 11, 2025 8:49 am PST by
Apple seeded the second iOS 26.2 Release Candidate to developers earlier this week, meaning the update will be released to the general public very soon. Apple confirmed iOS 26.2 would be released in December, but it did not provide a specific date. We expect the update to be released by early next week. iOS 26.2 includes a handful of new features and changes on the iPhone, such as a new...

Top Rated Comments

Roykor Avatar
117 months ago
Q4 is coming up for my business in the Netherlands. I have to pay the full load. Its crazy how these system works for those big company's. I have zero sympathy.
Score: 28 Votes (Like | Disagree)
The Mercurian Avatar
117 months ago
How about not, and just pay what is due as defined by the Irish Law...
The corporate tax rate in Ireland is 12.5% yet Apple only paid 0.05% effectively
Score: 25 Votes (Like | Disagree)
MH01 Avatar
117 months ago
Drop the prices of apple products in EU and I might have some sympathy ....otherwise pay up, I have to :)
Score: 25 Votes (Like | Disagree)
CB1234 Avatar
117 months ago
How about just pay the taxes?
How about not, and just pay what is due as defined by the Irish Law...
Score: 21 Votes (Like | Disagree)
576316 Avatar
117 months ago
I have no sympathy. Apple are openly greedy. Hurts when it comes back to bite you doesn't it, Apple? Stop flaunting your high profit margins if you don't want people to start looking into your tax arrangements. Cough up or reduce prices, bloody thieves.
Score: 18 Votes (Like | Disagree)
tubeexperience Avatar
117 months ago
How about just pay the taxes?
Score: 18 Votes (Like | Disagree)