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

iOS 26

Everything New in iOS 26.2 Beta 3

Monday November 17, 2025 3:20 pm PST by
Apple provided developers with the third beta of an upcoming iOS 26.2 update, and there are still new features that are being added with each beta that we get. We've rounded up all of the changes that Apple made in beta 3. AirDrop Apple added new AirDrop functionality, providing a way for two people to share files temporarily without having to add one another as contacts. iOS 26.2...
applecare apple care banner

Apple Brings New AppleCare+ Options to India

Tuesday November 18, 2025 8:42 am PST by
Apple today announced an expansion of AppleCare+ coverage in India, with new options for monthly and annual plans, and the addition of Theft and Loss for iPhone for the first time. Options for monthly and annual AppleCare+ plans in India provide more choice and flexibility, allowing users to keep coverage for as long as they require. Apple's vice president of Worldwide iPhone Product...
iPhone 17 Pro Cosmic Orange

10 Reasons to Wait for Next Year's iPhone 18 Pro

Wednesday November 19, 2025 4:00 am PST by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models at the same time, which is why we often get rumored features months ahead of launch. The iPhone 18 series is no different, and we already have a good idea of what to expect for the iPhone 18 Pro and iPhone 18 Pro Max. One thing worth...
Apple Wallet ID Illinois

iPhone Driver's License Feature Launching in Illinois

Tuesday November 18, 2025 8:47 am PST by
In select U.S. states, residents can add their driver's license or state ID to the Wallet app on the iPhone and Apple Watch, providing a convenient and contactless way to display proof of identity or age at select airports and businesses, and in select apps. Starting this Wednesday, November 19, the feature will be available to residents of Illinois. The announcement confirmed that the...
iPhone 17 Pro and Air N1 Feature

iPhone 17 vs. iPhone 16 Wi-Fi Speeds: New Study Reveals the Winner

Tuesday November 18, 2025 10:53 am PST by
A new study has revealed that the iPhone 17, iPhone 17 Pro, iPhone 17 Pro Max, and iPhone Air achieve significantly faster average Wi-Fi speeds compared to the iPhone 16 series, thanks to Apple's custom-designed N1 chip. The study was conducted by Ookla, the company behind the popular Speedtest website and app. It said the results are based on global, crowdsourced Speedtest user data...
ipad mini 7 feature red and blue

iPad Mini 8: Four Major New Features to Expect

Wednesday November 19, 2025 7:50 am PST by
Apple's eighth-generation iPad mini is highly likely to arrive next year, offering a significant refresh of the device with at least four major new features. OLED Display The next-generation version of the iPad mini could feature an OLED display, as part of Apple's plan to expand the display technology across many more of its devices. Apple's first OLED device was the Apple Watch in 2015, ...
Apple Shopping Event 2025

Apple Announces 2025 Black Friday Event, Here's What You Can Get

Thursday November 20, 2025 6:28 am PST by
Apple's annual four-day Black Friday through Cyber Monday shopping event is returning on Friday, November 28 through Monday, December 1 in many countries, including the United States, Canada, Australia, New Zealand, France, Germany, Italy, Spain, the United Kingdom, Belgium, the Netherlands, Sweden, Thailand, and others. During the shopping event, customers can get an Apple gift card with...
macbook black friday

The Best Early Black Friday Mac Deals

Tuesday November 18, 2025 7:32 am PST by
We're getting closer to Black Friday, which lands next week on Friday, November 28. In the lead-up to the shopping holiday, we're tracking a few lowest-ever prices on Apple's most popular Macs, including the M4 MacBook Air and brand new M5 MacBook Pro. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and make a purchase, we may receive a small payment,...
best early black friday deals

Best Black Friday Apple Deals Live Now - Save on AirPods, iPads, and Apple Watches

Saturday November 15, 2025 1:45 pm PST by
We're officially in the month of Black Friday, which will take place on Friday, November 28 in 2025. As always, this will be the best time of the year to shop for great deals, including popular Apple products like AirPods, iPad, Apple Watch, and more. In this article, the majority of the discounts will be found on Amazon. Note: MacRumors is an affiliate partner with some of these vendors. When ...
Magic Keyboard Touch ID Feature

Apple Releases New Firmware for 140W USB-C Power Adapter, Magic Keyboard and Magic Trackpad

Tuesday November 18, 2025 1:05 pm PST by
Apple today released updated firmware for several accessories, including the 140W USB-C Power Adapter, the Magic Trackpad 2, the Magic Trackpad USB-C, the Magic Keyboard with Touch ID, and the Magic Keyboard with Touch ID and Numeric Keypad. There is no word on what's included in the updated firmware at this time, but it could offer performance improvements and security updates. Accessory...

Top Rated Comments

dilbert99 Avatar
114 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
114 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
114 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)
niun Avatar
114 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)
ILikeAllOS Avatar
114 months ago
If I have to pay my taxes then so do you Apple.
Score: 7 Votes (Like | Disagree)
bsolar Avatar
114 months ago
If the profits were attibuted by Apple to the U.S. and accordingly taxed in the U.S. I side with Apple on this point. If the profits were originally attributed to Ireland it's a different story but it would be like Apple telling U.S. tax autorithies they need to get taxed in Ireland and EU authorities they need to get taxed in the U.S...
Score: 6 Votes (Like | Disagree)