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FeedSource: [TheRegister]

Time: 2017-02-21 10:35:09 UTC

Original URL: https://www.theregister.co.uk/2017/02/21/apple_vs_ec_tax_case_defence_filed/ [theregister.co.uk] using UTF-8 encoding.

Title: Apple to Europe: It's our job to design Ireland's tax system, not yours

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Apple to Europe: It's our job to design Ireland's tax system, not yours

Arthur T Knackerbracket has found the following story [theregister.co.uk]:

Stop terraforming taxation, says Cupertino, and let us get on with it Apple has filed its defence against the European Commission's claim it owes €13bn in back taxes in Ireland. [theregister.co.uk]

Apple on Monday filed a defence [europa.eu] in which it dismissed the very idea of the US$13.75/£11bn bill, calling for the total or partial annulment of the European Commission decision that set the case in motion and suggesting the Commission pay Apple's costs into the bargain.

Cupertino's argument offers 14 pleas in law that collectively assert that the EU just doesn't understand how Apple operates and thoroughly misunderstands the way it gets stuff done in Ireland.

We therefore get familiar arguments suggesting Apple need not pay tax in Ireland because the real profit-generating work happens elsewhere. Apple Ireland “carried out only routine functions and were not involved in the development and commercialisation of Apple IP which drove profits,” says Plea 4.

Plea 6 argues that Apple did not get a special tax-reducing deal in Ireland.

Plea 14 unloads, arguing that the decision exceeds the Commission’s competence as follows:

Ireland agrees: it's also called for the decision that set this in motion to be annulled.

There's no sign of a court date for this matter, but doubtless there are more filings and counter-filings in the works. Which begs the question of where all the lawyers involved will pay tax ... ®

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