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Businesses EU

Amazon Tax Structure Like Something Out of a Bond Movie, EU Says (bloomberg.com) 175

Amazon's efforts to minimize its taxes in the European Union were given a code-name evocative of a spy thriller with British agent 007, according to an EU lawyer, who claimed the arrangements broke the bloc's state-aid rules. From a report: "Project Goldcrest -- it sounds like the title of a James Bond movie, but it is not," it's the name "Amazon gave to a complex tax construction by which it fundamentally reorganized its global business," European Commission attorney Paul-John Loewenthal told a hearing at the EU's top court on Thursday.

"In 2006, that project had one purpose to ensure that Amazon would avoid paying tax on its European profits." Under that plan, "Luxembourg provided a measure to Amazon by which Amazon could exempt the vast majority of its European profit from taxation in return for investments in Luxembourg, thus affecting intra EU trade and distorting competition," he said. "That is the very definition of fiscal state aid." The EU's executive arm is appealing a painful defeat inflicted by a lower court, which overturned a decision to force the ecommerce firm to pay back $265 million of tax breaks regulators deemed to be an unfair subsidy.

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Amazon Tax Structure Like Something Out of a Bond Movie, EU Says

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  • Freedom! (Score:4, Insightful)

    by DarkRookie2 ( 5551422 ) on Thursday March 16, 2023 @10:44AM (#63375595)
    I think Luxembourg needs some freedom applied to it.
    • I think Luxembourg needs some freedom applied to it.

      Give the EU Central Committee in Brussels a bit of time to figure out a way to do that without offending everyone or triggering climate change.

  • by cayenne8 ( 626475 ) on Thursday March 16, 2023 @10:49AM (#63375615) Homepage Journal
    Well, they created the rules, and it appears Amazon analyzed and played by the rules to maximize their profits.

    You should expect nothing more and nothing less from a business.

    I have my own small company and I do everything I can within the defined law to keep as much of my hard earned money as I can.

    Now...who's gonna start bitching and moaning about this?

    If you don't like the rules and laws being followed, then lawmakers need to change things.

    But please, don't start with the "morality" of this or that. This is business and there is no morality in paying taxes. There are laws and you simply have to follow them.

    It should be no surprise that ANYONE tries to find the best way to maximize keeping their money.

    If you are about to bitch about this....how many of YOU voluntarily pay more tax than is legally required of YOU?

    • by v1 ( 525388 ) on Thursday March 16, 2023 @11:03AM (#63375657) Homepage Journal

      You beat me to it. Don't complain about people "abusing" tax loopholes. They're not abusing it, they're using it exactly as intended by the ones that made the loopholes. Direct your complaint to the ones writing the loopholes into law.

      You might also want to pay close attention to where all that cash is coming from that's filling up that politician's offshore bank account too. But the legality of THAT is just another thing that needs fixing, and again, don't complain about the ones doing it, go after the ones that legalized it.

      That whole "the ones benefiting from the bad laws are the same people in charge of PASSING the laws", is a difficult positive-feedback cycle to break. How do you convince them to kill their golden goose?

      • by timeOday ( 582209 ) on Thursday March 16, 2023 @11:18AM (#63375703)
        I'm not sure if society can sustainably function without good faith, that is, if everybody operates at the limit of what they can get away with. Imagine if you had a neighbor who decided to be as consistently obnoxious as they could legally get away with, curbed only by what you could get the police or courts to stop them from doing. In practice, they could make your life hell. There is such a thing as legal behavior that deserves to be named and shamed, so people can vote both with their wallets, as well as voting with actual votes.
        • by Surak_Prime ( 160061 ) on Thursday March 16, 2023 @12:28PM (#63375925)

          In "The Federalist Papers", the American founding fathers put forth that a government has to be designed to survive and perform in spite of the failings of humankind, rather than depending on human virtue. (They also said that *society* needed a separate moral authority in order to thrive - but they even spelled out that that could be *but didn't necessarily need to be* the Bible. I think a lot of our social problems stem from being in a transitory period between our moral authority being religious and a coming one based in secular humanism. I also worry that the transition is failing.)

          • by cayenne8 ( 626475 ) on Thursday March 16, 2023 @02:56PM (#63376309) Homepage Journal

            I think a lot of our social problems stem from being in a transitory period between our moral authority being religious and a coming one based in secular humanism.

            Well, there's your problem.

            In general, people are not intrinsically "moral".

            We are just another animal that inhabits the earth, we just have a bit higher developed brain.

            But in general, humans are out for survival and they care primarily about themselves, their families and tribe if they have one.

            The reason for religion in many cases...was to put morality out there by giving humans something higher than themselves to strive for....

            People that count on the innate goodness of humans to be fair and treat each other kindly, are often shocked that this is not the outcome that has ever proven to occur.

            Human nature is not naturally moral.

        • by jwdb ( 526327 ) on Thursday March 16, 2023 @03:03PM (#63376331)

          Imagine if you had a neighbor who decided to be as consistently obnoxious as they could legally get away with...

          That's in some ways the impression of the US that Europe has: shouty individualists who are so mistrustful of government and look down on society to the point that they only care about "my rights!", the consequences be damned. Society is treated as an adversary rather than as a fellow deserving of consideration. Anyone who's ever said "you can't require me to put the shopping cart back in the corral!", to use a widespread example, is participating in this line of thinking.

          The UK govt suffers from this as well, as was illustrated by Boris Johnson: their government operates based on many unwritten rules, a fair number of which Boris decided to ignore with minimal or delayed repercussion. Happens in the US too, especially but not only in the previous administration, with politicians stonewalling and litigating every inch of ground.

          There are systematic abuses of the system in the EU as well (welfare abuse, for one), but because they're not adversarial in this way they feel less toxic.

    • by fleeped ( 1945926 ) on Thursday March 16, 2023 @11:14AM (#63375687)
      People/corporations with more means can hire people and put effort to minimise tax paying and therefore increase their means
      People with fewer means do not have the capacity to do that, so they pay more taxes, and as a result they stay with less money
      I hope I don't have to spell out the implications of that. This is a societal problem.
      • People/corporations with more means can hire people and put effort to minimise tax paying and therefore increase their means

        People with fewer means do not have the capacity to do that, so they pay more taxes, and as a result they stay with less money

        Well, life is not fair.

        Never has...never will be.

        That should have been a lesson taught early....apparently the last couple generations that got a prize for participating didn't quite catch on what the real world is like.

        There always have been and always wil

        • by fleeped ( 1945926 ) on Thursday March 16, 2023 @12:28PM (#63375927)
          Nature and life is unfair. I might get cancer tomorrow, and some kid might be born blind.
          Laws are made and are in the hands of humans. It is a CHOICE that they are the way they are, and in benefit of the few on top.
          You're saying "it is what it is" because you're on the comfier side clearly. And good for you, really (unless you exploited others to get there). But if somebody robs you at gunpoint, don't be quick to blame it on the person, look at the chain of events that led there.
          • But if somebody robs you at gunpoint, don't be quick to blame it on the person, look at the chain of events that led there.

            Actually, my hope in that case is...that I can draw, fire and eliminate the threat to my person faster than they can harm me.

            • Come on, really? You fantasize about violence with some poor miserable sod where you have way more to lose than them?
              Unless such crimes where you live lead to the demise of one of the two and it's the only healthy option.
              • Come on, really? You fantasize about violence with some poor miserable sod where you have way more to lose than them? Unless such crimes where you live lead to the demise of one of the two and it's the only healthy option.

                No...absolutely NO fantasy about it.

                I hope I NEVER have to draw my weapon.

                But the second someone threatens my life or my family or friends with me...then they become nothing more than a dangerous threat that must be dealt with.

                I'm not out to kill anyone, but I will keep shooting until

                • The "more to lose" was referring to your life vs your money, obviously former is more important, and if you draw weapons you put that in jeopardy. Did not imply bloodlust from your part.
              • Why more to lose? If you both have guns pointed at each others heads, you both have a life to lose. Can't really say either party has "more" to lose. When you are dead, you've lost it all.

          • Laws are made and are in the hands of humans. It is a CHOICE that they are the way they are, and in benefit of the few on top.

            In this case they probably aren't. And it seems the EU is working to change laws to eliminate such loopholes available only to the rich.

    • Oh, they'll never change the rules. That would upset the likes of Halliburton, Exxon, Royal Dutch Shell, Bechtel, Total SE, EADS/Airbus, Dassault, and Daimler... you know... all the various companies that paid for those rules and loopholes to be there in the first place. Let's be real here. None of these assclowns... certainly not the politicians who passed the tax rules into law in the first place... is upset over tech companies reducing their tax burden. It's not about the money. Or, rather, it's not

    • by quantaman ( 517394 ) on Thursday March 16, 2023 @11:27AM (#63375717)

      Well, they created the rules, and it appears Amazon analyzed and played by the rules to maximize their profits.

      You should expect nothing more and nothing less from a business.

      Why should we?

      One of the aspects of a functional society is that individuals don't walk around acting like ruthless utility maximizers, why should businesses?

      And note that businesses often do act somewhat fairly when dealing with each other because they understand their consequences for getting a reputation as an unethical partner. However, we haven't found a way to enforce the same kind of behaviour when dealing with governments.

      I have my own small company and I do everything I can within the defined law to keep as much of my hard earned money as I can.

      Now...who's gonna start bitching and moaning about this?

      You probably should. Consider how the tax avoidance game works, the bigger you are the more lawyers, accountants, and lobbyists you can hire to help avoid paying taxes.

      Right now you're probably paying a higher percentage of revenue as taxes than a big corporate competitor since you don't have the resources to invest in serious tax avoidance.

      If you are about to bitch about this....how many of YOU voluntarily pay more tax than is legally required of YOU?

      Voluntarily? No. But like most people I don't really have the option of fake moving to a low tax district or other games I suspect people would see as dishonest.

      Companies didn't use to fracture themselves into a multitude of parts so they can incorporate in one place but do actual business in another all while trying to get profits in the lowest tax jurisdiction possible.

      • One of the aspects of a functional society is that individuals don't walk around acting like ruthless utility maximizers, why should businesses?

        Because businesses are "people" without conscience or moral. A business is, essentially, a psychopath.

        A person has moral considerations. Most at least do, let's not talk about CEOs of large corporations, but most normal people do. And they may even have those moral considerations when working for a corporation, but in there, they also have something that keeps them from using it: The corporate structure.

        Let's imagine you have a job at a corporation and your boss has to choose one of his team to fire because

      • One of the aspects of a functional society is that individuals don't walk around acting like ruthless utility maximizers...

        Oh, you mean the Corporations who are run by accountants and lawyers, the very definition of ruthless maximizing assholes? Greed is so good, it will kill us all.

      • One of the aspects of a functional society is that individuals don't walk around acting like ruthless utility maximizers, why should businesses?

        I don't expect that of others...and I do walk around maximizing everything to my advantage that I can.

        I'm only on this earth for a short time, and I want to do EVERYTHING legally possible to make the best of my time here.

        People by nature are not altruistic.

        Right now you're probably paying a higher percentage of revenue as taxes than a big corporate competitor sin

        • One of the aspects of a functional society is that individuals don't walk around acting like ruthless utility maximizers, why should businesses?

          I don't expect that of others...and I do walk around maximizing everything to my advantage that I can.

          I'm only on this earth for a short time, and I want to do EVERYTHING legally possible to make the best of my time here.

          People by nature are not altruistic.

          Altruistic? Not quite. But highly empathetic and cooperative. That's why sociopaths are so rare, because it's fairly maladaptive to walk around trying to exploit your community.

          Right now you're probably paying a higher percentage of revenue as taxes than a big corporate competitor since you don't have the resources to invest in serious tax avoidance.

          I long ago accepted that the world is not fair...never has been never will.

          I do the best with what I can....I don't really waste time thinking too hard about those better off than me, nor those worse off than myself.

          Again life is short...don't have time to waste it really bothering to much with other people outside my sphere of friends or family.

          We could also take more seriously the idea that corporations, and more specifically the people within them, have a responsibility to act ethically.

          • So have the lawmakers create a simple tax code with no wiggle room. That's would be fair. Why be mad at someone or a group of someones for following the law? The tax code is the problem, not the people following the tax code to the letter.

            • So have the lawmakers create a simple tax code with no wiggle room. That's would be fair. Why be mad at someone or a group of someones for following the law? The tax code is the problem, not the people following the tax code to the letter.

              "Don't get mad they're just following the rules" isn't a very convincing argument when they literally rewrote the rules despite strong public disapproval [fivethirtyeight.com].

    • It sounds like Luxemburg is the one not playing by the roles. I'm sure Amazon will want to get back some of that investment.

    • played by the rules

      The story here is that there's a lawyer out there who doesn't think they did. The morality of legal tax evasion doesn't really factor into it.

    • But please, don't start with the "morality" of this or that. This is business and there is no morality in paying taxes. There are laws and you simply have to follow them.

      It should be no surprise that ANYONE tries to find the best way to maximize keeping their money.

      You are 100% right and I won't argue the point, if you follow the tax laws then you're fine. Morals shouldn't be a factor if you're following the law, except for when they do.

      The "morality" of this case comes from how we both know the law wouldn't be applied equally, unless you've somehow convinced yourself that if we set-up our personal finances the way Amazon has we wouldn't end up in a 9x9 concrete box for tax evasion. We both know the law doesn't apply equally to the rich and the poor, which is what m

    • by whitroth ( 9367 )

      You're a piece of shit, and I would not want to work for you. "There's no morality to not paying taxes"? Really? So, let's just not repair the street in front of your business, or the sewers, or water, or electricity. Oh, and no police on call. And while we're at it, you don't get to use the courts to enforce contracts. And you don't get to hire anyone who's gone to public school, or a public university.

      • You're a piece of shit, and I would not want to work for you. "There's no morality to not paying taxes"?

        Perhaps you didn't read me fully.

        I said no morality involved with paying the bare minimum tax that is in compliance with the tax laws in force.

        So, do YOU voluntarily pay more taxes than what you owe at the absolute minimum?

        Do you refuse to take deductions?

        If in the US, do you take advantage of the part of the form where you can pay more than you owe?

        If someone is breaking tax law, and doing thing

    • by taustin ( 171655 )

      Now...who's gonna start bitching and moaning about this?

      People who have less than you do, and firmly believe that you are evil because of it, and must be punished by taking all your stuff and giving it to them.

      But you knew that.

    • by Burdell ( 228580 )

      Congratulations, you've bought into the scam of Amazon and other big businesses. Most likely, you are paying a higher percentage of revenue to taxes than big companies. When you say "they" created the rules, I bet you think you mean the EU, but it's really Amazon and the other big business that created those rules that exclusively favor themselves, then paid some lobbyists to get some politicians to pass them.

      If you own a small business, you are nothing like Amazon, and they'll do anything they can to squas

    • Well, they created the rules, and it appears Amazon analyzed and played by the rules to maximize their profits.

      Sure, if you don't understand the rules of state aid you may say that.

      I have my own small company and I do everything I can within the defined law

      So you actually followed the rules, Amazon aren't, they are being aided by Luxembourg. Either you comparison is irrelevant or you don't understand what's going on. And given how you seemingly exist exclusively to make pro-business and anti-EU comments I'm guessing it's the latter.

    • Exactly. The author framed this as Amazon being shitty because they decided to take advantage of rules that Luxembourg put in place to incentivize investment in Luxembourg instead of paying taxes to the EU. Sounds like they have a beef with Luxembourg, not Amazon.

      And really, it's just the EU having a whine because Amazon would rather build shit that helps their growth than just erase a sum of money from the balance sheet in the form of tax payments.

      Luxembourg wins because they get some jobs and economic a

    • Ah so you're an asshole for money! Ok that's fine then. I thought initially you were doing it for free and that masse me angry.

  • mr bond I expect you to die & pay an big death tax

  • And running in a statistical tie for Worst Action Movie Ever, alongside of Jurassic Park: Budget Resolution.

    • Speaking of Bond, I really enjoyed No Time To Die. Just watched it for the first time the other day. Pretty solid movie. The villain could of been overall cooler but still very fun movie to watch.

  • It's the government's burden to figure out how to extract money from the (rich or not rich) public and a public burden to conserve as much of it's money as practical.

    No surprise even if legal AI are used and as those become more democratized everyone will have access to new ideas to validate.

  • by fahrbot-bot ( 874524 ) on Thursday March 16, 2023 @01:36PM (#63376123)

    Amazon Tax Structure Like Something Out of a Bond Movie

    If James Bond worked for HMRC [wikipedia.org] instead of MI6.

  • I'm curious if the EU is pursuing the famously arcane and Byzantine structure of IKEA with just the same implacable fervor?

    https://www.channelnews.com.au... [channelnews.com.au]

    I mean, they certainly seem to aggressively pursue AMERICAN companies, just checking to see if they pursue, say, Swedish or Chinese companies with that same energy.

  • by sixsixtysix ( 1110135 ) on Thursday March 16, 2023 @04:16PM (#63376477)
    Let people self-incorporate. We could invoice our employer for time worked, instead of the other way around.
    Let each of us be able to use any and all loopholes and count our debts against our earnings.
    If corporations can be people, then the obverse should be true.
  • by sarren1901 ( 5415506 ) on Thursday March 16, 2023 @07:43PM (#63376911)

    Then they should make simpler taxation rules. Instead, governments all around the world have convoluted tax schemes with many different loop holes, credits, deductions and various rates and exemptions. I can't really fault a corporation for taking advantage of the tax code when it's deliberately made this way.

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