Skip to content
City PM
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Opinion
  • DE
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Opinion
  • DE
Wednesday 24 August 2016 5:23 pm

The US is not happy about the EU’s crackdown on tech giants’ tax arrangements

By: Lynsey Barber

Add as a preferred source on Google

Top officials in the US have raised concerns over Europe's probes into the tax arrangements of companies such as Apple, an investigation of which is due to be wrapped up imminently and could result in a multi-billion pound bill for the tech company.

The US Treasury argues it will create an "unfortunate" precedent in international tax policies and leave taxpayers across the pond footing the bill while further investigations into more companies could have a "chilling effect" on cross-border investment between the US and EU.

The investigation by Brussels into Apple's so-called sweetheart tax deal began in 2014. The EU Commission claims that a favourable tax deal with Ireland, which gives them a surprisingly low rate of corporate tax, amounts to state aid. Apple and Ireland both reject the claims.

Read more: Now Microsoft's UK tax arrangements are under scrutiny

Previous cases against Starbucks and Fiat have already resulted in huge backdated tax bills for the firms while Amazon is also accused of similar state aid infringements in relation to its offices in Luxembourg, in investigations led by EU competition commissioner Margarethe Vestager.

The US Treasury raised these concerns in February in a letter to EU President Jean-Claude Juncker from Treasury Secretary Jack Lew.

Now, the Treasury has issued a near point-by-point rebuttal of the bloc's legal arguments in a white paper published by the department.

Amid a new tax cooperation agreement between 31 countries orchestrated by the OECD at the start of the year, the US believes the state aid investigations could undermine progress.

"We are concerned that the European Commission’s state aid investigations threaten to undermine progress in this area and could create an unfortunate international tax policy precedent," said deputy assistant secretary to the treasury Robert Stack. 

"Over the last several months, treasury secretary Jacob J. Lew and his staff have engaged extensively with the Commission to express our concerns related to its State aid investigations."

Read more: Quick guide to tomorrow's Google tax hearing

Outlining the concerns, Stack said:

These investigations have major implications for the United States. In particular, recoveries imposed by the Commission would have an outsized impact on US companies. Furthermore, it is possible that the settlement payments ultimately could be determined to give rise to creditable foreign taxes.

If so, US taxpayers could wind up eventually footing the bill for these State aid recoveries in the form of foreign tax credits that would offset the US tax bills of these companies. The investigations have global implications as well for the international tax system and the G20’s agenda to combat BEPS [base erosion profit shifting] while improving tax certainty to fuel growth and investment.

It also accused the EU of essentially moving the goal posts, arguing the EU's approach on state aid was "unforseeable" by either the companies or the European countries they chose to be based in, while warning that seeking to recover back taxes retroactively under the rulings sets a bad precedent.

The US treasury department remains ready and willing to look for a path forward that achieves the shared objective of preventing the continued erosion of the corporate tax base while ensuring our international tax system is fair for all," he said.

A ruling in the Apple case is expected in September or October, according to Irish authorities. In a recent interview with the Washington Post marking five years leading the company Tim Cook defended its tax arrangements at home and abroad.

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • News

Categories

  • Business
  • Politics
  • Tech

Trending Articles

  • Exclusive: Big Four giant KPMG to cut more jobs

  • Music tycoon Simon Cowell sued by prominent City lawyer

  • The former African gold miner taking on the billionaire Issa brothers

  • Easyjet agrees to £5.7bn Apollo takeover

  • Tesco ‘in talks’ to exit eastern Europe

More from City PM

  • UK firms ‘bracing for change’ as Trump revives tariff threat over Big Tech tax

    Tech
    Donald Trump addressing media at a press event, wearing a suit and tie, with reporters and cameras in the background.
  • HMRC secures £190m VAT appeal win against Bolt

    Tax
    Electric Bolt car parked in urban setting, showcasing sleek design and eco-friendly transportation for modern city living.
  • Thin end of the wedge? LLPs brace for major tax overhaul

    Tax
    Canada
  • Streeting tax policies could cost the Treasury nearly £8bn

    Tax
    Wes Streeting addressing media at a public event, wearing a suit and tie, with a focused expression and microphones visible
  • ‘One-two punch’ – Families face huge capital gains death tax under Burnham

    Politics
    Andy Burnham supporters rallying with banners and signs at a political event, showcasing enthusiasm and solidarity
  • Legal & General handles King’s staff pension schemes as monarch’s £13m tax bill revealed

    News
  • HMRC has been overtaxing pensioners for a decade- have you been affected?

    Personal Finance
    HMRC overcharged pensioners thousands
  • As it happened: Stocks tumble after Apple rattles global markets; UK food exports hit by US tariffs

    Markets
    Apple unveils new products at recent event showcasing innovative technology and sleek design to global audience

City PM — European politics, business and analysis.

Europe

  • Germany
  • France
  • Europe
  • UK & Ireland

Topics

  • Business
  • Markets
  • AI
  • Technology
  • Opinion
  • Energy

More

  • Politics
  • Economics
  • Fintech
  • Legal
  • Sport
  • Life

Company

  • About City PM
  • Editorial Policy
  • Corrections
  • Contact
  • Terms of Use
  • Privacy Policy
  • Cookie Policy
© 2026 City PM · Published by CityPM Media, Bahnhofstrasse 65, 8001 Zürich, Switzerland
About · Editorial Policy · Corrections · Contact · Privacy · Facebook