European Commission Made 'Fundamental Errors' in Irish Tax Ruling, Says Apple - MacRumors
Skip to Content

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

apple pro tell logo

Apple Launching Five New Products Today

Thursday November 5, 2026 12:59 am PST by
Apple is launching five new products on Friday, November 6, following pre-orders that opened last week, including its first touchscreen MacBook Pro models. The following new products will be available from today: iPad mini with OLED display and A20 Pro chip iMac with M6 chip 14-inch MacBook Pro with M6 chip 14-inch MacBook Pro with OLED touchscreen 16-inch MacBook Pro with OLED...
silver iphone 18 pro

Apple Rumored to Drop the iPhone's Action Button Next Year

Friday November 6, 2026 6:07 am PST by
Apple plans to merge the iPhone's Action button with the Camera Control starting next year, according to the leaker known as "Instant Digital." In a new post on Weibo, the leaker claimed that a single press of the combined button would open the camera, while a long press would trigger the function assigned to the Action button. They explicitly clarified that the dedicated Action button would ...
hero medium 2x feature1

Apple Surveys iPhone Duo Buyers About Crease and Camera

Thursday November 5, 2026 4:22 pm PST by
Apple is sending email surveys to some iPhone Duo buyers to get feedback on display size, crease, under-display camera, and other features. The first question asks why the buyer chose the iPhone Duo now, with answers like "I wanted to try Apple's first foldable," "It was an impulse purchase," and "I expect smartphone prices to increase." Other questions ask about the size of the iPhone...

Top Rated Comments

127 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
127 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
127 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)
niun Avatar
127 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)
ILikeAllOS Avatar
127 months ago
If I have to pay my taxes then so do you Apple.
Score: 7 Votes (Like | Disagree)
127 months ago
I'm happy to see Apple being called out on this sort of thing...but I don't see why Ireland should be the ones getting a $13b bonus when they are effectively co-conspirators!

Back taxes should be paid across the countries where Apple derived the income. "Profit-driving activities" is not R&D, it's selling the results of that R&D. You can do all the US-based R&D you want, it's selling those products to customers all around the world that results in a profit.
Score: 6 Votes (Like | Disagree)
Latest Stories
More Fun iPhone Duo Apps: 30 New Picks to Try
More Fun iPhone Duo Apps: 30 New Picks to Try
10 hours ago
Hands-On With Apple's New OLED Touchscreen MacBook Pro
Hands-On With Apple's New OLED Touchscreen MacBook Pro
11 hours ago
Apple Store With All-New Design Opening Soon in Southern California
Apple Store With All-New Design Opening Soon in Southern California
12 hours ago
Control the Glowing Apple Logo on Your New MacBook Pro
Control the Glowing Apple Logo on Your New MacBook Pro
13 hours ago
Apple Shares New 'Apple Card: Apply and Use in Minutes' Ad
Apple Shares New 'Apple Card: Apply and Use in Minutes' Ad
16 hours ago
Apple Says More Than 100,000 Apps Optimized for iPhone Duo, Here's What's Still Missing
Apple Says More Than 100,000 Apps Optimized for iPhone Duo, Here's What's Still Missing
16 hours ago
Early Black Friday Deals Kickoff With Steep Discounts on Apple Watch Ultras and More
Early Black Friday Deals Kickoff With Steep Discounts on Apple Watch Ultras and More
17 hours ago
The MacRumors Show: iOS 27.3 Looks Like a Huge Update
The MacRumors Show: iOS 27.3 Looks Like a Huge Update
17 hours ago
Best Buy's Black Friday Event Begins With Sitewide Savings on Apple, TVs, More
Best Buy's Black Friday Event Begins With Sitewide Savings on Apple, TVs, More
18 hours ago
Apple Releasing Yet Another Two New Products Next Week
Apple Releasing Yet Another Two New Products Next Week
18 hours ago
MacBook Air Drops to Lowest Price in Months With Amazon's $250 Discount
MacBook Air Drops to Lowest Price in Months With Amazon's $250 Discount
19 hours ago
Apple Rumored to Drop the iPhone's Action Button Next Year
Apple Rumored to Drop the iPhone's Action Button Next Year
19 hours ago
Apple's Extended Return Policy Now in Effect for 2026 Holiday Season
Apple's Extended Return Policy Now in Effect for 2026 Holiday Season
19 hours ago
Apple Music Classical Updated With New Icon and Refreshed Design
Apple Music Classical Updated With New Icon and Refreshed Design
20 hours ago
OLED iPad Mini, M6 iMac, and New MacBook Pros Available From Today
OLED iPad Mini, M6 iMac, and New MacBook Pros Available From Today
22 hours ago
Apple Surveys iPhone Duo Buyers About Crease and Camera
Apple Surveys iPhone Duo Buyers About Crease and Camera
1 day ago
Apple's First Touchscreen Mac is Now Arriving to Customers
Apple's First Touchscreen Mac is Now Arriving to Customers
1 day ago
Claude Gets Personal Finance Feature With Bank Account Linking
Claude Gets Personal Finance Feature With Bank Account Linking
1 day ago
Apple Arcade Adds Crossy Road Rush and NBA 2K27
Apple Arcade Adds Crossy Road Rush and NBA 2K27
1 day ago
Apple's New HomeView Smart Home Hub: Here's How Much RAM It Has
Apple's New HomeView Smart Home Hub: Here's How Much RAM It Has
2 days ago
iPad Mini vs. iPad Air Buyer's Guide: Now Just $50 Apart
iPad Mini vs. iPad Air Buyer's Guide: Now Just $50 Apart
2 days ago
First iOS 27.3 and macOS Golden Gate 27.3 Public Betas Now Available
First iOS 27.3 and macOS Golden Gate 27.3 Public Betas Now Available
2 days ago
Apple Announces a New Mac Sales Record
Apple Announces a New Mac Sales Record
2 days ago
Paid $200 for Logic Pro? Apple Says You Won't Get This New Feature
Paid $200 for Logic Pro? Apple Says You Won't Get This New Feature
2 days ago
Instagram's Edits Video Editor is Now Available on Mac
Instagram's Edits Video Editor is Now Available on Mac
2 days ago
Prevent Siri and Search From Accessing Specific iPhone Apps
Prevent Siri and Search From Accessing Specific iPhone Apps
2 days ago
Best Early Black Friday Deals on iPhone 18 Pro and iPhone Duo
Best Early Black Friday Deals on iPhone 18 Pro and iPhone Duo
2 days ago
MacBook Pro PROLED XDR Reviews Are In: Is the Touchscreen Worth It?
MacBook Pro PROLED XDR Reviews Are In: Is the Touchscreen Worth It?
2 days ago
Early Black Friday Accessory Deals at Amazon Include TVs, Headphones, and Charging Devices
Early Black Friday Accessory Deals at Amazon Include TVs, Headphones, and Charging Devices
2 days ago
Apple Creator Studio App Updates Rolling Out, Starting With Logic Pro
Apple Creator Studio App Updates Rolling Out, Starting With Logic Pro
2 days ago