European Court to rule on Amazon tax fraud appeal

A court of the European Union (EU) on May 12 (local time) will rule on Amazon’s appeal against a request to pay 250 million euros ($295 million) in unpaid taxes to Amazon. Luxembourgish.

Amazon’s distribution center in Las Vegas, Nevada, USA, April 25, 2020. Documentary photo: AFP/VNA The appeal comes after the LuxLeaks scandal exposed in 2014 revealed 500 tax agreements between Luxembourg and more than 350 international businesses, including many billion-dollar tax frauds and involving corporations. such as Apple, IKEA, Pepsi… These corporations have had tacit agreements with the tax authorities of Luxembourg to enjoy lower tax rates than prescribed. In the case of Amazon, in 2017 European Competition Commissioner Margrethe Vestager accused Luxembourg of having an illegal arrangement with the online commerce giant to pay less tax than other businesses. other profession. Accordingly, Luxembourg has offered a preferential tax policy for Amazon, helping nearly three-quarters of the company’s profits not be taxed. At the heart of the EU’s allegations is Amazon’s violation of the so-called “market price principle”, which ensures that transactions between subsidiaries are based on prices that other independent companies in the market would charge. must return. At the time of the EU case, Amazon said it had not received any special treatment from Luxembourg, and insisted it had paid taxes in full in accordance with both Luxembourg and international tax law. However, analysts are not too optimistic about the ability of the EU’s requirements to be upheld. Less than a year ago, iPhone maker Apple won a spectacular victory in this same court against the European Commission’s request that Apple pay 13 billion euros in taxes to Ireland in 2016. But whether it wins or loses in the appeal, the European Commission will likely emphasize its goal of targeting corporate profits. The agency is also developing new rules to close tax loopholes, especially for tech giants. In recent weeks, the US side has gradually embraced the idea of ​​a global minimum corporate tax. Negotiations on cross-border corporate tax are underway at the Organization for Economic Cooperation and Development (OECD). If successful, this tax policy will make special transactions for multinational companies a thing of the past.