Apple must pay Ireland €13bn in unpaid taxes, EU's top court rules

Foo Yun Chee, Reuters

Apple on Tuesday lost its fight against an order by EU competition regulators to pay €13 billion in back taxes to Ireland as part of an EU crackdown against sweetheart deals between EU countries and multinationals.

The European Commission issued the order in 2016, saying that the iPhone maker benefited from two Irish tax rulings for over two decades that artificially reduced its tax burden to as low as 0.005 per cent in 2014.

Apple had said the record EU tax order defied reality and common sense. The Government had also challenged the EU ruling.

The Luxembourg-based Court of Justice of the European Union sided with EU antitrust chief Margrethe Vestager.

"The Court of Justice gives final judgment in the matter and confirms the European Commission's 2016 decision: Ireland granted Apple unlawful aid which Ireland is required to recover," judges said.

Apple expressed disappointment with the ruling.

"The European Commission is trying to retroactively change the rules and ignore that, as required by international tax law, our income was already subject to taxes in the US," the company said.

The ruling is final and cannot be appealed.