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News For BAC;CLF;C;DELL;AMZN;INTC;HPQ From The Last 14 Days
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October 7, 2014
06:49 EDTC, BACBNP seeks assistance from banks as ban approaches, Reuters says
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06:14 EDTAMZNEC probes transfer pricing arrangements on taxation of Amazon in Luxembourg
The European Commission has opened an in-depth investigation to examine whether the decision by Luxembourg's tax authorities with regard to the corporate income tax to be paid by Amazon in Luxembourg comply with the EU rules on state aid. The opening of an in-depth investigation gives interested third parties and the Member States concerned an opportunity to submit comments. It does not prejudge the outcome of the investigation. The tax ruling in favor of Amazon under investigation dates back to 2003 and is still in force. It applies to Amazon's subsidiary Amazon EU Sarl, which is based in Luxembourg and records most of Amazon's European profits. Based on a methodology set by the tax ruling, Amazon EU Sarl pays a tax deductible royalty to a limited liability partnership established in Luxembourg but which is not subject to corporate taxation in Luxembourg. As a result, most European profits of Amazon are recorded in Luxembourg but are not taxed in Luxembourg. At this stage the Commission considers that the amount of this royalty, which lowers the taxable profits of Amazon EU Sarl each year, might not be in line with market conditions. The Commission has concerns that the ruling could underestimate the taxable profits of Amazon EU Sarl, and thereby grant an economic advantage to Amazon by allowing the group to pay less tax than other companies whose profits are allocated in line with market terms. The Commission will now continue investigating to determine whether its concerns are confirmed. Luxembourg did not fully comply with the Commission's request for information as part of its information gathering exercise in relation to tax ruling practices in some Member States but only provided a limited sample. In June the Commission therefore initiated infringement proceedings against Luxembourg by issuing letters of formal notice. Although the Luxembourgish authorities have still not fully complied with the Commission's information request, in August Luxembourg did provide information on a number of cases requested by the Commission, including Amazon. Reference Link
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