New Articles

EU Files Boeing 777X Tax Incentive Dispute With WTO

EU Files Boeing 777X Tax Incentive Dispute With WTO

Los Angeles, CA – The European Union (EU) has filed a dispute with the WTO Secretariat in Geneva against the U.S. regarding “conditional tax incentives” offered by the state of Washington to “commercial airplane manufacturers.”

The EU asserts in the dispute – a not-so-veiled slap at Boeing and its new 777X commercial jetliner – that the “vastly expanded tax incentives are conditioned on local content requirements prohibited by the WTO Agreement on Subsidies and Countervailing Measures.”

The request for consultations was made, the European Commission (EC) said, in response to a decision by the state of Washington in November 2013, to extend to 2040 subsidies to Boeing that were originally granted through 2024.

The EC is charging that the broadened subsidies were contrary to the WTO rules, “because they require the beneficiary to use domestic goods rather than imported ones.”

“The subsidies scheme extension is estimated to be worth $8.7 billion and will be the largest subsidy for the civil aerospace industry in U.S. history,” according to a Commission statement.

The 777X is a new version of Boeing’s successful 777 twin-engine wide-body jet. It’s scheduled to go into service in 2020. The company has reportedly received orders amounting to billions of dollars for the aircraft from a number of air carriers.

The EU’s request Friday for consultations is the first step in a dispute within the WTO’s Dispute Settlement System.

WTO rules call for Washington, D.C. to respond to the request within 10 days, but due to the Christmas holidays, the EU has agreed to extend the deadline until January 7.

The consultations will give the U.S. and the EU the opportunity to discuss the dispute and reach a solution without proceeding to litigation. The talks must begin within 30 days and generally cannot last longer than two months.

If both parties fail to reach an agreement, the EU can request that a “panel of experts” be commissioned to study the dispute and reach a verdict.

12/23/2014

Apple, Starbucks Targeted by EU Tax Authorities

Los Angeles, CA – European Commission (EC) competition regulators are investigating tax breaks for Apple Inc. and Starbucks Corp. in Ireland and The Netherlands, respectively, that it suspects are in violation of European Union tax codes.

The investigation comes as governments around the world are cracking down on tax-avoidance and evasion by scrutinizing the financial practices of a growing number of multi-national companies such as Hewlett-Packard, Google, Microsoft, McDonalds, and Amazon.com.

According to the EC, tax avoidance and evasion by foreign companies operating in the EU amounts to more than $1.4 trillion a year.

The EC reportedly began gathering information about accords between Apple and Ireland, and Starbucks and the Netherlands last year following reports that some companies received “significant” tax reductions.

“We need to fight against aggressive tax planning,” said Joaquin Almunia, the EU’s competition commissioner at a recent press conference in Brussels, adding that it is “still too soon to anticipate” possible recovery if the EU finds the tax rulings to be illegal.”

Apple Responds

While Starbuck’s didn’t respond to requests for a statement on the EC investigation, California-based Apple issued a response saying that the company “pays every euro of every tax that we owe. We have received no selective treatment from Irish officials. Apple is subject to the same tax laws as scores of other international companies doing business in Ireland.”

Ireland’s Finance Ministry said it is “confident that there is no state-aid-rule breach” and will “defend all aspects vigorously.”

The EC said that it is “concerned that current arrangements could underestimate the taxable profit and grant an advantage to the respective companies by allowing them to pay less tax.”

Apple, the company said in a public statement, “pays every euro of every tax that we owe. We have received no selective treatment from Irish officials. Apple is subject to the same tax laws as scores of other international companies doing business in Ireland.”

Ireland’s Finance Ministry said it is “confident that there is no state-aid-rule breach” and will “defend all aspects vigorously.” The EU probe targets “a very technical tax issue in a specific case” and covers 2004 to 2014, it said in an e-mailed statement.

 “Patent Boxes” Under the Microscope

Widening the scope of its investigation, the EC is also seeking details from Belgium, Spain, France, Hungary, Luxembourg, The Netherlands, the UK, Cyprus and Malta on so-called “patent boxes,”  a mechanism that allows tax reductions on income derived from patents.

The EC said in March it has indications that the programs mainly benefit highly mobile businesses without triggering significant additional research and development.

The UK, for example, patent box phases in a lower corporation tax on some profits from patented inventions and certain other innovations, according to the EC website.

Changes to EU tax rules require unanimous approval among the bloc’s 28-member nations,  rendering major changes to individual county’s tax regulations difficult, if not impossible as even the most enthusiastic members of the bloc cling to their right to set corporate tax rates.

The opening of an in-depth investigation by the commission allows third parties, as well as the three countries concerned, an opportunity to submit comments.

06/16/2014