If State Aid rules were broken, is the State not responsible?

Away back in February, I explained why the Irish Government is quite happy to let a huge, wealthy corporation like Apple not pay any tax. The previous January I noted that this was not without penalty to the humble customer.

This August, the intervention came. Let us assume that the European Commission is right and State Aid rules were breached by Apple’s rather favourable tax arrangements in Ireland (even though I make no such assumption, personally).

Who established those tax arrangements? Was it Apple, or Ireland?

Quite obviously it was Ireland. And this is not a victimless crime. Who is to say that Apple would not have preferred the lower labour costs available in Northern Ireland, were it not for the fact that it could enjoy such favourable arrangements South of the border? In effect, Ireland applied tax arrangements which were tantamount to “cheating” within a Single Market in which other jurisdictions compete for business such as Apple’s. That is why State Aid rules exist.

So, er, why exactly is the effective fine being applied to Apple and not to Ireland?

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One thought on “If State Aid rules were broken, is the State not responsible?

  1. I doubt Northern Ireland (in the 1980s and 1990s) would’ve been Apple’s backup European site. There may be victims, but I doubt Northern Ireland would be the one that lost competitive advantage

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