Apple on Tuesday argued that the European Union's order for it to pay 13 billion euros ($14.3 billion) in back taxes to Ireland "defies reality and common sense," as it kicked off its legal challenge against the ruling.

European Commisssion
According to Reuters, Apple also said the European Commission was using its powers "to retrofit changes to national law," which would create legal uncertainty for businesses.

Apple sent a six-person delegation led by its CFO Luca Maestri to the two-day court hearing taking place over Tuesday and Wednesday in Luxembourg. The company is arguing the same case that CEO Tim Cook made in a public letter about the tax ruling three years ago; namely, that Apple follows the law and pays all the taxes it owes in every country where it operates, including Ireland.

Apple also argues that nearly all of its research and development takes place in the United States, which is where the company pays the majority of its taxes.

"The Commission contends that essentially all of Apple's profits from all of its sales outside the Americas must be attributed to two branches in Ireland," Apple's lawyer Daniel Beard told the court.

He said the fact the iPhone, the iPad, the App Store, other Apple products and services and key intellectual property rights were developed in the United States, and not in Ireland, showed the flaws in the Commission's case.

"The branches' activities did not involve creating, developing or managing those rights. Based on the facts of this case, the primary line defies reality and common sense," Beard said.

"The activities of these two branches in Ireland simply could not be responsible for generating almost all of Apple's profits outside the Americas."

In 2016, the European Commission found Apple received illegal state aid from Ireland. Apple and Ireland both appealed the ruling, but the European Commission opened litigation against Ireland in October 2017 for its failure to procure Apple's back taxes, and Apple has already almost finished paying the back taxes it owes. If the order is overturned, the money will be returned to Apple.

Top Rated Comments

Janschi Avatar
21 months ago
Apple should pay. We customers pay premium prices and Apple should pay their premium tax tbh. Ireland could benefit so much from the tax money and also other countries as well.
Score: 18 Votes (Like | Disagree)
apolloa Avatar
21 months ago
Really Apple? Sorry but I also think paying just 0.005% tax ‘defies reality and common sense’!

It’s also a disgusting slap in the face of everyone else in society paying for your shortfall in taxes!

It was a clear breach of EU tax laws and EVERYONE knew it!
Score: 15 Votes (Like | Disagree)
justperry Avatar
21 months ago
Really Apple? Sorry but I also think paying just 0.005% tax ‘defies reality and common sense’!

It’s also a disgusting slap in the face of everyone else in society paying for your shortfall in taxes!

It was a clear breach of EU tax laws and EVERYONE knew it!
Some of our American friends think otherwise, just look at the comments here and in former articles concerning this topic.
Most of them seem to be misinformed.
The EU slapped more fines on companies such as Microsoft and Google, did they ever overturn those fines...Nope.
Now only if the EU would do the same to Facebook, matter of time...not if.
I really don't get it why some of our American friends are so hardheaded on this topic, they are or misinformed or just think the EU needs more money, amongst other reasons.


Ireland is in the EU, they must abide by EU law, you can not give preferential treatment to a company (State sponsoring), that's unfair for others, therefor Apple has to pay the tax other company pays, they clearly did not.
Score: 8 Votes (Like | Disagree)
Hanson Eigilson Avatar
21 months ago
'Defies Reality and Common Sense'....that's ritch
Score: 6 Votes (Like | Disagree)
WBRacing Avatar
21 months ago
Some of our American friends think otherwise, just look at the comments here and in former articles concerning this topic.
Most of them seem to be misinformed.
The EU slapped more fines on companies such as Microsoft and Google, did they ever overturn those fines...Nope.
Now only if the EU would do the same to Facebook, matter of time...not if.
I really don't get it why some of our American friends are so hardheaded on this topic, they are or misinformed or just think the EU needs more money, amongst other reasons.


Ireland is in the EU, they must abide by EU law, you can not give preferential treatment to a company (State sponsoring), that's unfair for others, therefor Apple has to pay the tax other company pays, they clearly did not.
People on here who defend Apple clearly have never dealt B2B with them, they are both aggressive and razor sharp. They know what they are doing business wise and happy to use their enviable position to further serve and benefit themselves.

Fact is they entered into this deal and should have (and most definitely would have) always known that the EU might come a knocking, as this breaches their law. That really is the end of discussion. There is no defence, other than of course that from the ever faithful ADL.
Score: 6 Votes (Like | Disagree)
saqibhasan Avatar
21 months ago
People can voluntarily pay for those things
Lol. Lol.

I can’t even begin to understand this comment. Lol
Score: 4 Votes (Like | Disagree)

Top Stories

samsung experience 1

Samsung's 'iTest' Lets You Try a Galaxy Device on Your iPhone

Thursday April 8, 2021 12:42 pm PDT by
Samsung has launched "iTest," an interactive website experience that's designed to allow iPhone users to test out Android on a Galaxy device, or "sample the other side," as Samsung puts it. Subscribe to the MacRumors YouTube channel for more videos. The iTest website is being advertised in New Zealand, according to a MacRumors reader who came across the feature. Visiting the iTest website on...
sonny 2021 ipad mini pro dummies

Leaked Dummy Units Show iPad Mini 6 With Thick Bezels and Home Button, New iPad Pro Models

Thursday April 8, 2021 2:11 am PDT by
Rumors suggest Apple will release refreshed versions of the iPad mini and iPad Pro models in the first half of this year, potentially as soon as this month, and a new leak today has provided us with a possible preview of what to expect in terms of the devices' overall design and camera prospects. Tech leaker and Apple blogger Sonny Dickson this morning shared images on Twitter showing dummy ...
fake airpods 3

Counterfeit 'AirPods 3' Hit the Market Prior to Official Announcement

Friday April 9, 2021 2:45 am PDT by
Apple is expected to launch the third iteration of AirPods in the third quarter of this year. Rumors and reports suggest the new AirPods will feature an updated design more in line with the AirPods Pro, but lacking in "Pro" features such as active noise cancellation. Despite AirPods 3 not yet being officially announced by Apple, counterfeit products of the unreleased earbuds have already hit ...
iMessage Android featured

Apple's Rationale for Not Bringing iMessage to Android Revealed in Legal Documents

Friday April 9, 2021 2:22 am PDT by
It's no secret that Apple sees iMessage as a big enough selling point to keep the service exclusive to Apple devices, however new court filings submitted by Epic Games in its ongoing lawsuit with the company reveal just how Apple executives have rationalized their decision not to develop a version of iMessage for Android. Apple clearly recognizes the power that iMessage has to keep users...
nba tracking prompt orange

Two-Thirds of iPhone Users Expected to Block Ad Tracking

Friday April 9, 2021 7:19 am PDT by
As many as 68 percent of iPhone users are expected to deny advertisers permission to track them thanks to Apple's App Tracking Transparency feature, in what is beginning to look like a significant blow to the advertising industry (via AdWeek). With the launch of iOS 14.5, apps will have to receive explicit user permission before accessing an iPhone's advertising identifier or IDFA, which is...
iPhone 13 Battery Life Feature

DigiTimes: iPhone 13 Pro Models to Feature 120Hz ProMotion Refresh Rate and 15-20% Less Power Consumption

Friday April 9, 2021 12:52 am PDT by
The two premium "Pro" models of the upcoming iPhone 13 lineup will be equipped with a low-power LTPO display, enabling the iPhones to have a 120Hz refresh rate, according to industry sources cited by Taiwanese publication DigiTimes. According to today's paywalled report, Apple suppliers Samsung and LG Display are in the process of converting parts of their production capacity to produce LTPO ...
ehric

iPhone 12 Mini Missing From Top 5 Best Selling Smartphone List of January 2021

Friday April 9, 2021 4:58 am PDT by
According to market data compiled by Counterpoint Research, Apple's smallest iPhone since the 2016 iPhone SE, the iPhone 12 mini, struggled to obtain a spot in the top five list of best-selling smartphones in January of this year. According to the market data, the iPhone 12 mini came in eighth place for the best-selling smartphone worldwide in the first month of the year. However, the iPhone ...
Top Stories 56 Feature

Top Stories: 'Find My' Expansion, iPhone 13 Pro Mockup, Largest-Ever iMac?

Saturday April 10, 2021 6:00 am PDT by
Apple's AirTags may still be nowhere to be seen nearly two years after signs of them were first discovered, but Apple this week launched its Find My network accessory program that will let third-party devices integrate with the Find My app on Apple's platforms to make it easy to keep track of your items. This week also saw fresh rumors about the upcoming "iPhone 13" and new iMacs, while...
fortnite apple featured

Epic's Case Against Apple in Australia Might Be Over

Friday April 9, 2021 12:21 pm PDT by
Epic Games and Apple are involved in a highly public lawsuit in the United States, but Epic has also sued Apple in other countries, including Australia, in an attempt to boost its chances of getting a favorable ruling. Things aren't quite going Epic's way, however, as the justice overseeing the case today decided that he's going to let the two companies battle it out in the United States. ...
Apple TV Ray Light Teal Film

Apple Wants to Draw Subscribers to Apple TV+ With More Feature Films

Friday April 9, 2021 10:27 am PDT by
Apple is ramping up its efforts to produce feature films, according to a new report from The Information. Apple has a limited number of high profile films already, including "Palmer," "Cherry," and "Greyhound," and sees it as a way to draw more people into Apple TV+. Apple has been telling studio executives that it is aiming to do more than 10 to 12 original movies per year for Apple TV+,...