Ireland is fighting it because they're accused of conspiring with Apple.
The European Commission's issue is really not with Apple but with Ireland.
Aid versus tax
How's this for a tricky balancing act?
EU leaders have no issue with different member nations charging different corporate-tax rates. That's why it's acceptable for Ireland to charge businesses a 12.5% income tax whereas France levies 33.3%.
The European Commission released this infographic showing how Apple paid virtually no taxes through its Irish companies.European CommissionThis is crucial because nations want to maintain autonomy over their fiscal policies. That's part of the ongoing power struggle between individual nations and the EU (remember Brexit?). What's not acceptable is what the EU calls "state aid." This is when a country offers something special that's seen as benefiting an individual company.
It can be even more basic. If France taxed companies in the north less than those in the south, that's generally state aid in the EU's view. It's the same with trying to get a German company to move to Denmark by abating property taxes for a new headquarters.
"The view is that not levying taxes that everyone else has to pay amounts to the same result as giving money to just one company," Philipp Werner, a partner in the law firm Jones Day's Brussels office who has represented multinational companies appealing state-aid decisions, told Business Insider.
If Apple had just paid the standard 12.5% income tax in Ireland, the country wouldn't have EU leaders upset in Brussels. Instead, the commission says Ireland gave Apple "selective tax treatment" starting in 1991, with the first of two tax rulings. In effect, Ireland signed off on a plan in which Apple would move money to a stateless "head office" with no meaningful activities.
"Therefore, only a small percentage of Apple Sales International's profits were taxed in Ireland, and the rest was taxed nowhere," the commission said in a press release.
Ireland explicitly said this was fine by its standards. But the EU contends that this arrangement "gave Apple an undue advantage that is illegal under EU state aid rules."
"Apple entered into a deal with Ireland to not pay tax on all those profits," Edward Kleinbard, a professor of law and business at the USC Gould School of Law, told Business Insider. Instead, Apple paid "an arbitrarily small amount to Ireland in return for a vague promise to keep jobs in Ireland."
Apple and Ireland aren't the commission's first targets. There were similar rulings against the Starbucks' tax dealings in the Netherlands and a division of Fiat in Luxembourg.