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EC INVESTIGATES TRANSFER PRICING ARRANGEMENTS ON CORPORATE TAXATION IN LUXEMBOURG AND IRELAND

Published by Gbaf News

Posted on December 5, 2014

1 min read
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EC Launches Probes into Apple and Fiat

Recently, the European Commission (EC) has published two main decisions taken last June to undergo investigations into transfer pricing arrangements on corporate taxation of Apple in Ireland and Fiat Finance and Trade in Luxembourg.

Apple and Irish Tax Deal Under Scrutiny

The European Commission’s crackdown on the deal between Irish tax authorities and Apple Inc. represents a leap forward in the growing global war on tax avoidance by multinational companies. Governments facilitating tax deals are now becoming a target.

Commission Introduces New Anti-Avoidance Tools

The Commission utiliseda new tool for limitingGovernments’ ability to negotiate favorable tax deals. As reported, the Commission said that the agreement with Apple constituted “state aid,” violating Europe’s rules prohibiting countries from giving anti-competitive advantages.

Upcoming Review: Starbucks in the Netherlands

The next review from the Commission, which is expected shortly, will be on Starbucks Corp.’s taxable profits in the Netherlands.

Key Takeaways

  • The EC has launched formal in‑depth investigations into transfer pricing rulings involving Apple in Ireland and Fiat Finance and Trade in Luxembourg.
  • These rulings are being scrutinised as potential illegal State aid that may have conferred selective tax advantages.
  • The crackdown reflects the EC’s intensified efforts to limit preferential tax deals arranged by governments.
  • A similar review concerning Starbucks’ tax arrangements in the Netherlands is expected soon.

References

Frequently Asked Questions

What is the EC investigating in these cases?
The EC is investigating whether transfer pricing rulings granted to Apple in Ireland and Fiat Finance and Trade in Luxembourg constitute illegal State aid by providing selective tax advantages.
Why are these rulings considered problematic?
They may violate EU State aid rules if they enabled companies to pay less tax than competitors due to non‑arm’s‑length pricing methods.
What precedent exists for these investigations?
Past EC investigations into Apple, Fiat, Starbucks and Amazon also focused on rulings that potentially breached the arm’s‑length principle and were subject to legal challenges.
What is the EC’s next step?
The EC is expected to launch a similar investigation shortly into Starbucks’ taxable profits in the Netherlands.

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