State Aids and tax rulings: the Apple Case

Apple Inc. – the well-known US corporation – holds three companies established in Ireland: Apple Operations International (AOI), the sub-holding that controls the Apple’s foreign subsidiaries; Apple Operations Europe (AOE), directly held by AOI; Apple Sales International (ASI), directly held by AOE and indirectly by AOI.

Those companies were not resident in Ireland, since their place of central management and control has been not settled in Ireland; on the same token, no residency could be found in US, since under US law, a company is resident for tax purposes insofar as to it is incorporated within the US law, with no regard to the place of management. The overall effect has been a “no man’s land” which led those “stateless companies”, not subject to tax anywhere.

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