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US News Amazon & Co: EU Court Properly to disputed tax benefits

10:55  12 may  2021
10:55  12 may  2021 Source:   t3n.de

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“Luxembourg gave illegal tax benefits to Amazon . As a result, almost three-quarters of Amazon ’s profits were not taxed ,” Vestager said when announcing her decision. Amazon argued in court that the key to its success lies in its brand name and IP-protected technology, which is generated in the U.S., and State aid and tax experts are especially looking out for this second judgment, as it could have important consequences for the way national tax administrations assess corporate taxation. According to Raymond Luja, a tax law professor at Maastricht University, the Commission said in the Engie case

Amazon should pay around 250 million euros in Luxembourg after the will of the EU Commission. Both the online retailer and the state of Luxembourg keep the demand for unjustified. A court is said to judge this Wednesday.

Luxemburg soll Unternehmen Steuervorteile verschafft haben. © Sabino Parente / Shutterstock Luxembourg should provide company tax benefits.

has granted Luxembourg multinational major corporations such as Amazon for years across competitive tax benefits ? And if so: Are three-digit million amounts be demanded? On questions like this, this Wednesday the EU court will give a tension expected answer.

Specifically, the judges should decide whether the Luxembourg State can be forced by the EU Commission to investigate around 250 million euros plus interest from the world's largest online retailer. In a second case, taxes amounting to € 120 million, which Luxembourg is subsequently collected by the French Energy Group Engity.

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Control Advices in Luxembourg

The arrangement in the Amazon's case, the European Commission had decided in 2017 after it came to the view that Luxembourg had granted competitive benefits to the company from May 2006 to June 2014 to it in itself tie. Under the line, Amazon should not have paid taxes on three quarters of its profits achieved from EU sales. Two companies in the Engie Group have paid for about a decade for their profits in Luxembourg after a 2008 examination of the EU Commission for about a decade.

Amazon, Engie and Luxembourg reject the accusation of the uncertainty of the benefit and therefore appealed to the EU court. The judges responsible there now speak judgments that could be challenged before the European Court of Justice (ECJ).

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Europe 's second-highest court will rule on May 12 on Amazon .com Inc's appeal of an EU order to pay about 250 million euros (0.5 million) in back taxes to Luxembourg. Luxembourg also appealed to the Luxembourg-based General Court , contending its treatment of Amazon was legal because it did not give the company a selective advantage. Amazon has its EU headquarters in Luxembourg and employs 1,500 people there, making it one of the biggest employers in the country of half a million.

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The European commission also announced on Wednesday that it planned to take the the Irish government to the European court of justice (ECJ) over its failure to collect €13bn in unpaid taxes from Apple, in relation to an earlier ruling. Margrethe Vestager, the EU commissioner in charge of competition, said Luxembourg’s “illegal tax advantages to Amazon ” had allowed almost three-quarters of the company ’s profits to go untaxed Dublin said it disputed the commission’s ruling that it made the wrong decision in the Apple tax deal, but has promised to collect money owed as soon as possible.

in federal taxes . In fact, thanks to tax credits and deductions, Amazon actually received a federal tax refund of 9 million.

also interesting: database leak reveals identity of 200,000 Amazon-fake reviewers

Before the ECJ, the Brussels authority is already fighting against a verdict, with which the EU court has tilted a request to Ireland, from Apple up to 13 Changing billions of euros to taxes. The judges of the EU court had decided in the case that the Commission could not prove that the tax agreements of Apple in Ireland from 1991 and 2007 represented a prohibited state aid.

setback for Brussels

The judgment of the EU court was a painful setback for the Brussels authority and the Vice-President Margrethe Vestager responsible for competitive issues - especially since it had previously given a similar decision to tax benefits of the US coffee chain Starbucks in the Netherlands.

should now re-commit the EU Commission's judicial claims, could trigger the unpleasant discussions about the work of the competition tuers. Multiple relevant lost methods for tax payments in the EU court has so far only a won. This concerned tax benefits for the Fiat Group in Luxembourg of around 20 to 30 million euros.

on the current tax figures from Amazon in the EU, however, is likely to have no impact. The company has not been taxed with its profits since 2015 centrally in the European headquarters in Luxembourg, but also in individual European countries, including in Germany. dpa

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