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The European Union has published its first findings in an investigation into Apple's tax payments in Ireland, and the result is clear: according to the European Commission, Ireland provided illegal state aid to the Californian company, thanks to which Apple saved tens of billions of dollars.

European Competition Commissioner Joaquin Almunia told the Dublin government in a June letter published on Tuesday that the tax deals between Ireland and Apple between 1991 and 2007 appeared to him to be illegal state aid in breach of EU law and could therefore be US company required to pay back taxes and Ireland fined.

[do action=”citation”]The beneficial agreements were supposed to save Apple up to tens of billions of dollars in taxes.[/do]

"The Commission is of the opinion that, through these agreements, the Irish authorities have conferred an advantage on Apple," Almunia wrote in the June 11 letter. The Commission has come to the conclusion that the advantage provided by the Irish Government is of a purely selective nature and at the moment the Commission has no indications that these are legal practices, which could be the use of state aid to solve problems in the own economy or to support culture or preservation of cultural heritage.

Favorable agreements were supposed to save Apple up to tens of billions of dollars in taxes. The Irish government and Apple, headed by CFO Luca Maestri, deny any violation of the law, and neither party has yet commented on the first findings of the European authorities.

Corporate income tax in Ireland is 12,5 percent, but Apple managed to reduce it to just two percent. This is thanks to the smart transfer of overseas revenues through its subsidiaries. Ireland's flexible approach to tax matters attracts many companies to the country, but other European countries accuse Ireland of exploiting and profiting from the fact that entities registered in Ireland do not actually have any nationality (more on this issue <a href="https://cdn.shopify.com/s/files/1/1932/8043/files/200721_ODSTOUPENI_BEZ_UDANI_DUVODU__EN.pdf?v=1595428404" data-gt-href-en="https://en.notsofunnyany.com/">here</a>).

The fact that Apple saved significantly on taxes by operating in Ireland is clear, however, it is now up to the European Commission to prove that Apple was the only one to negotiate such terms with the Irish government. If this were indeed the case, Apple would face huge fines. The Brussels authorities have relatively effective tools and could punish up to 10 years retroactively. The European Commission can demand a fine of up to ten percent of turnover, which would mean units up to tens of billions of euros. The penalty for Ireland could increase to one billion euros.

The key is the agreement concluded in 1991. At that time, after eleven years of operation in the country, Apple agreed on more favorable terms with the Irish authorities after a change in the laws. While the changes may have been within the law, if they gave Apple special advantages, they could be considered illegal. The agreement from 1991 was valid until 2007, when both sides concluded new agreements.

Source: Reuters, The Next Web, Forbes, Cult of Mac
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