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Apple CFO Luca Maestri to Lead Challenge Against Irish Tax Ruling in Luxembourg Court This Week

Apple this week is set to challenge the European Commission's order to repay 13 billion euros in Irish back taxes, according to Reuters (https://www.reuters.com/article/us-eu-apple-stateaid/apple-takes-fight-against-13-billion-euro-eu-tax-order-to-court-idUSKBN1W1195).





<img src="(http://cdn.macrumors.com/article-new/2016/01/European-Commisssion-800x533.jpg)" alt="" width="800" height="533" class="aligncenter size-large wp-image-484620" />


The report claims Apple is expected to send a six-person delegation led by its CFO Luca Maestri to a two-day court hearing in Luxembourg on Tuesday and Wednesday. Apple will likely argue many of the same points that Apple CEO Tim Cook (https://www.macrumors.com/roundup/tim-cook/) penned in a public letter (https://www.macrumors.com/2016/08/30/tim-cook-open-letter-tax-evasion/) about the tax ruling three years ago.





In a nutshell, Apple believes it follows the law and pays all the taxes it owes in every country where it operates, including Ireland. Apple has also said nearly all of its research and development takes place in the United States, so that is where the company should and does pay the majority of its taxes.





An excerpt from Cook's letter:

The Commission's move is unprecedented and it has serious, wide-reaching implications. It is effectively proposing to replace Irish tax laws with a view of what the Commission thinks the law should have been. This would strike a devastating blow to the sovereignty of EU member states over their own tax matters, and to the principle of certainty of law in Europe.

Ireland is also appealing the ruling, but Apple has finished paying back the 13 billion euros (https://www.macrumors.com/2018/09/19/apple-finishes-ireland-tax/) in the meantime, with the funds stored in an escrow account. If the order is overturned, the money would be returned to Apple.





In 2016, following a three-year investigation, the European Commission found Apple received illegal state aid from Irelan (https://www.macrumors.com/2016/08/29/eu-rules-apple-received-illegal-state-aid-ireland/)d. Apple allegedly paid between 0.005 percent and one percent in taxes in Ireland between 2003 and 2014, compared to the the country's headline 12.5 percent corporate tax rate at the time.

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Source: Apple CFO Luca Maestri to Lead Challenge Against Irish Tax Ruling in Luxembourg Court This Week (https://www.macrumors.com/2019/09/16/luca-maestri-to-challenge-apple-irish-tax-ruling/)