21 May 2018

new article: EC v Apple

There is a new article on the website:
EC v Apple: retrospection is immoral

By extending its powers into the field of interpreting tax law, the Commission has dealt a blow to legal certainty, and hence to corporate planning, for businesses based in Europe. From the long-term perspectives of both the EU and Ireland, the resulting efficiency losses and likely eventual migration of jobs out of the area may outweigh any supposed benefits for competition.

Fundamentally, this case is not about whether Apple paid insufficient tax, though some commentators have encouraged their readers to see it that way. At its heart, rather, is an important legal principle, and the question of how readily the principle may be overridden when it conflicts with other considerations. [read more]