欧盟最高法院裁定苹果必须补缴 13B 欧元的税款 Apple must pay 13B euros in back taxes, EU's top court rules

原始链接: https://www.cnbc.com/2024/09/10/apple-loses-eu-court-battle-over-13-billion-euro-tax-bill-in-ireland.html

周二,欧洲法院 (ECJ) 在有关爱尔兰税务事务的长期争议中做出了败诉苹果的裁决。 此前,欧盟委员会于 2016 年发布命令,要求爱尔兰追回苹果公司最多 130 亿欧元的补缴税款。 这一消息是在苹果公司宣布推出旨在重振 iPhone、Apple Watch 和 AirPod 系列新产品后不久发布的。 受此决定影响,股价下跌约 1%。 爱尔兰政府在一份声明中称此案与历史无关,并表示他们一直坚称不提供税收优惠待遇。 Apple 预计该判决将产生 100 亿美元的所得税费用。 作为后续法律程序的一部分,托管账户中持有的资产将被转移到爱尔兰。 苹果公司的一位代表评论说,该公司无论在哪里运营,都会毫无例外地缴纳所欠税款,同时还声称,欧盟委员会旨在追溯性修改税法,并无视有关美国科技公司此前在美国境内纳税的国际税务规定。 该委员会最初于 2014 年对苹果在爱尔兰的税务安排展开调查。欧盟反垄断主管玛格丽特·维斯塔格 (Margrethe Vestager) 主持了此次调查的启动。 欧洲法院在最近的裁决中确认了委员会 2016 年的初步判决。 这一结果表明,美国科技集团与欧盟之间在数据隐私、税收和反垄断监管等问题上持续存在紧张关系。 由于涉及欧盟的几起正在进行的案件,苹果公司面临进一步审查。 最近,欧盟因苹果公司滥用其在音乐流媒体应用分发市场的主导地位而对其处以 18 亿欧元的罚款。 此外,欧盟的《数字市场法案》迫使参与企业改变某些做法,对苹果、Alphabet 和 Meta 等科技巨头发起了大量调查。

On Tuesday, the European Court of Justice (ECJ) ruled against Apple in a longstanding dispute regarding its tax affairs in Ireland. This follows a 2016 order by the European Commission demanding that Ireland recoup up to €13 billion in back taxes from Apple. The news came shortly after Apple announced new product launches aimed at revitalizing its iPhone, Apple Watch, and AirPod lines. Shares fell by approximately 1% in response to this decision. In a statement, the Irish government described the case as historically irrelevant, stating they have consistently maintained that they do not provide preferential tax treatments. Apple anticipates a $10 billion income tax expense resulting from this verdict. Assets held in an escrow account will be transferred to Ireland as part of the subsequent legal proceedings. An Apple representative commented that the company pays its owed taxes wherever it operates without exception, while also asserting that the European Commission aims to retrospectively amend the tax laws and disregard international tax regulations regarding American tech firms being previously subjected to taxes within the United States. The commission initially launched its probe into Apple's tax arrangements in Ireland in 2014. European Union Antitrust Chief Margrethe Vestager presided over the opening of this investigation. The ECJ affirmed the commission's initial 2016 judgment in the recent decision. The outcome demonstrates ongoing tension between US technology conglomerates and the European Union concerning matters such as data privacy, taxation, and anti-trust regulation. Apple faces further scrutiny due to several ongoing cases involving the EU. Recently, the EU levied an €1.8 billion fine upon Apple for misuse of its dominant position in the market for distributing music streaming applications. Additionally, the European Union's Digital Market Act compelled changes in certain practices among participating businesses, launching numerous probes into tech titans like Apple, Alphabet, and Meta.


Omar Marques | Sopa Images | Lightrocket | Getty Images

Europe's top court ruled against Apple on Tuesday in the tech giant's 10-year court battle over its tax affairs in Ireland. The case stems back to 2016 when the European Commission ordered Ireland to recover up to 13 billion euros ($14.4 billion) in back taxes from Apple.

The European Court of Justice's decision comes hours after the company unveiled new products to revitalize its iPhone, Apple Watch and AirPod lineups.

Apple shares were down about 1%.

In a statement, the Irish government said that the Apple case "involved an issue that is now of historical relevance only," adding that its position has always been that it "does not give preferential tax treatment to any companies or taxpayers."

Apple said in a filing on Tuesday that it will incur a one-time income tax charge of about $10 billion in its fourth fiscal quarter ending Sept. 28, 2024.

The government noted it will now begin the process of transferring the assets in the escrow fund to Ireland.

"This case has never been about how much tax we pay, but which government we are required to pay it to. We always pay all the taxes we owe wherever we operate and there has never been a special deal," an Apple spokesperson said. "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."

In 2014, the European Commission, the European Union's executive arm, opened an investigation into Apple's tax payments in Ireland, the tech giant's headquarters in the EU.

European Union antitrust chief Margrethe Vestager holds a press conference after Europe's top court ruling on Apple's fight against an order by EU competition regulators to pay a record 13 billion euros in back taxes to Ireland, in Brussels, Belgium September 10, 2024. 

Johanna Geron | Reuters

The commission in turn appealed the General Court's decision, sending the litigation up to the ECJ.

The ECJ on Tuesday set aside the General Court's decision and confirmed the commission's original 2016 ruling.

The case, which first began under outgoing competition chief Margrethe Vestager, highlights the continued conflict between U.S. tech giants and the EU, which has sought to tackle issues from data protection to taxation and antitrust.

This was not the last time that Apple found itself in the EU's crosshairs. Most recently, the commission hit Apple with an antitrust fine of 1.8 billion euros in March for abusing its dominant position in the market for the distribution of music streaming apps.

Separately, the EU's sweeping Digital Markets Act has forced companies to change some of their practices in Europe. The commission has opened various investigations under the DMA into tech giants, including Apple, Alphabet and Meta.

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