Reading Signals From Apple’s $14 Billion EU Tax Ruling (Podcast)

The European Court of Justice’s ruling against Apple Inc. over a $14.4 billion Irish tax bill stunned members of the international tax community, who said it throws the high court’s precedent on tax state aid cases into disarray.

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The EU high court ruled last month that the company’s tax positions in Ireland, which were agreed to by Irish authorities in 1991 and 2007, amounted to illegal state aid. EU law stipulates that member states shouldn’t give companies preferential treatment—state aid—over other businesses. Unlawful state aid could come in the form of preferential tax benefits.

The decision was particularly perplexing to tax observers because it didn’t rely on rulings in similar, previous high-profile cases involving Fiat Chrysler or Amazon, where the ECJ sided with the companies rather than the European Commission.

This week, Bloomberg Tax reporter Lauren Vella chats with University of Virginia professor Ruth Mason and Stephen Daly, reader in tax law at King’s College in London, who say that there is a possibility companies with structures similar to Apple aren’t safe from EU probes into their tax positions. They also discuss what effect the decision could have on the court’s reputation and the European Commission’s power to investigate tax matters.

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