← Terug naar overzicht Taal: NL EN

Tax avoidance is not a victimless crime. When companies aggressively avoid taxes, it is ordinary citizens and small businesses who end up paying the price.

Margrethe Vestager

After ordering Apple to repay **€13 billion** in back taxes to Ireland, **2016** · Gecheckt op 3 maart 2026
Tax avoidance is not a victimless crime. When companies aggressively avoid taxes, it is ordinary citizens and small businesses who end up paying the price.

Analyse

Tax avoidance—while legal—can shift tax burdens to other taxpayers, including individuals and small businesses lacking access to sophisticated tax planning. Studies (e.g., from the IMF, EU Tax Observatory) confirm this redistributive effect, though the scale of harm per case (like Apple’s) is debated. However, labeling it a 'crime' is misleading: Apple’s arrangements in Ireland were ruled *illegal state aid* by the EU (not criminal tax evasion), and the €13B repayment was overturned in 2020 by the EU General Court (later appealed). Vestager’s moral argument holds, but the legal characterization is imprecise.

Achtergrond

The 2016 EU Commission ruling found Ireland’s tax deals with Apple constituted illegal state aid under EU law, requiring repayment of €13B (+€1.2B interest). The case highlighted how multinational corporations exploit loopholes (e.g., 'Double Irish' structures) to minimize taxes, prompting global reforms like the OECD’s BEPS project. Ireland and Apple argued the taxes were properly assessed under Irish law, and courts later annulled the repayment order on procedural grounds.

Samenvatting verdict

Vestager’s claim that tax avoidance harms citizens and small businesses is broadly supported by economic research, but the framing as a 'crime' oversimplifies legal (though aggressive) tax strategies used by corporations like Apple.

Geraadpleegde bronnen

— European Commission (2016), *State Aid Decision SA.38373 (Ireland – Apple)* (https://ec.europa.eu/competition/state_aid/cases/251966/251966_1823476_108_2.pdf)
— EU General Court (2020), *Judgment in Case T-778/16 (Ireland v Commission)* (https://curia.europa.eu/juris/document/document.jsf?text=&docid=228763)
— IMF (2019), *Corporate Taxation in the Global Economy* (https://www.imf.org/en/Publications/WP/Issues/2019/09/20/Corporate-Taxation-in-the-Global-Economy-48683)
— EU Tax Observatory (2022), *Global Tax Evasion Report* (https://www.taxobservatory.eu)
— OECD (2023), *BEPS Project: Inclusive Framework on Base Erosion* (https://www.oecd.org/tax/beps/)