US and EU to discuss Apple

US treasury secretary Jacob J. Lew is set to meet with EU antitrust chief Margrethe Vestager this week as she prepares to deliver a final verdict on a probe into Apple’s tax affairs in Ireland.

The showdown comes days after Ms Vestager’s team came up with two possible scenarios on how much tax Apple owes in Ireland, according to two people familiar with the case, who asked not to be identified.

Mr Lew has contacted Ms Vestager urging her to avoid ordering any collection of back taxes from Apple, according to one of the people.

Conflict over trans-Atlantic tax practices escalated in February as Mr Lew complained to the Commission president Jean-Claude Juncker that US firms are unfair targets of state-aid investigations.

The treasury secretary’s letter came after EU enforcement focused on fiscal pacts Apple, Amazon.com and McDonald’s have with Ireland and Luxembourg. The companies all say they acted within the law.

Ms Vestager has repeatedly denied deliberately taking aim at US firms, insisting that probes into tax rulings are part of the watchdog’s responsibility to police fair competition within the EU.

Clawing back undue advantages simply restores equal treatment, she insists.

The Commission’s press office didn’t comment beyond confirming the Brussels meeting today. Apple declined to comment.

The EU opened the Apple probe in 2014, and, in preliminary findings, said its tax arrangements were improperly designed to give the company a financial boost in exchange for jobs in Ireland.

The Government has said it will “vigorously defend’’ any adverse Apple tax decision.

The company told a European Parliament panel earlier this year that it has “paid every cent of tax that is due in Ireland.”

Finance minister Michael Noonan said last month the EU decision could come as soon as July, though he also suggested that the UK vote to quit the EU may trigger delays.

In a worst-case scenario, Apple may face a huge bill if the Government ultimately loses and is forced to recoup tax from the company, according to JPMorgan Chase analyst Rod Hall.

Brussels lawyers speculate that the final amount could be much less, in the hundreds of millions range — large enough to send a message to companies like Apple and the countries that dole out tax breaks, but not too large to risk creating havoc in case the decisions get overturned in the EU courts.


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