Please use this identifier to cite or link to this item:
Title: Analysing the European Commission's final decisions on Apple, Starbucks, Amazon and Fiat Finance & Trade
Authors: Cachia, Franklin
Keywords: Tax collection -- Laws and legislation -- European Union countries
Tax courts -- European Union countries
Tax deductions -- European Union countries
Tax incentives -- Law and legislation -- European Union countries
Issue Date: 2016
Publisher: European Law Students' Association Malta
Citation: Cachia, F. (2016). Analysing the European Commission's final decisions on Apple, Starbucks, Amazon and Fiat Finance & Trade. ELSA Malta Law Review, 6, 56-82.
Abstract: This article addresses the issues which stem from the State aid investigations opened by the European Commission ("EC") against Luxembourg, Ireland and the Netherlands, concerning aid granted in the form of tax base reduction to certain undertakings, namely Apple Inc., Amazon, Starbucks and Fiat Finance and Trade ("FFT"). Furthermore, this article analysis the EC's main line of argument in the aforementioned State aid investigations that is, acceptance by the Netherlands, Ireland and Luxembourg, of the proposed calculation of the taxable base of these MNEs which do not reflect normal market conditions, may result in State aid, in that it will offer a more favourable treatment to the MNE compared to the treatment other undertakings would normally receive under the Member States' 'normal' tax system. In arriving at what would constitute normal market conditions, the EC uses two benchmarks namely, the internationally accepted standard, the Arm's Length Principle ("ALP") and the Prudent Independent Market Operator ("PIMO"), which makes its first appearance in these investigations. This article demonstrates the relationship between the two and whether both can be used as a benchmark for the purposes of the State aid rules as laid down under Art. 107(1) of the Treaty on the Functioning of the European Union ("TFEU").
ISSN: 23051949
Appears in Collections:ELSA Malta Law Review : Volume 6 : 2016
ELSA Malta Law Review : Volume 6 : 2016

Items in OAR@UM are protected by copyright, with all rights reserved, unless otherwise indicated.