LUXEMBOURG, Dec 6 (Reuters) - In 2005, Amazon rented a historic five-story building in Luxembourg's Grund quarter, right at the bottom of a steep rock-walled valley below the old town. By setting up in Luxembourg, and channeling sales through its units there, the world's biggest online retailer could minimize corporate taxes.
Amazon's Luxembourg arrangements have deprived European
governments of hundreds of millions of dollars in tax, as reported in European
newspapers. But a Reuters examination of accounts filed by 25 Amazon units in
six countries shows how they also allowed the company to avoid paying more tax
in the United States, where the company is based.
Amazon revealed last year that the U.S. Internal Revenue Service
(IRS) wants $1.5 billion in back taxes. The claim, which Amazon said it would
"vigorously contest", is linked to its foreign subsidiaries and
payments made between them.
In effect, Amazon used inter-company payments to form a tax
shield for the group, behind which it has accumulated $2 billion to help
finance its expansion. This special report tells the story of how Amazon set up
the shield, and how it works.
The case highlights the way multinationals reduce their taxes by
parking intellectual property in tax havens and charging affiliates big fees
for using it. Politicians in rich countries are beginning to target such practices,
which have been used by other multinationals including Google and Microsoft.
For Amazon's tax-free money-making machine to work, it had to
show it had more than a nameplate in Luxembourg.
To benefit from favorable taxation, the Grand Duchy says firms
"must ensure that they give adequate substance to their presence in the
country in terms of both logistics and staff." At the end of 2005, Amazon
had just a dozen staff there. If tax departments around the continent were to
recognize the arrangement, Amazon needed a meaningful corporate presence.
In February 2006, it transferred ownership of its UK, German and
French businesses to Amazon EU S.a.r.l., and ownership of its UK and French web
domains to Amazon Europe Holding Technologies. It also moved some U.S.
executives to Luxembourg, hired more locals and began to call Amazon EU its
European headquarters.
Filings show that in December 2006, the group relocated its
Luxembourg operating units into the rented building on Plaetis Steet, a stone's
throw from the English and Irish bars that prompt the city-state's tourist
office to describe the Grund and neighboring Clausen as the "Headquarters
of Luxembourg's night life."
At home in the United States, though, the Internal Revenue
Service seems unconvinced.
Amazon disclosed in April 2011 that the IRS wanted $1.5 billion
in unpaid taxes and fines. It has declined to say exactly what transactions the
charge relates to but said it was linked to "transfer pricing with our
foreign subsidiaries" over a seven-year period from 2005.
"We disagree with the proposed adjustments and intend to
vigorously contest them," Amazon said at the time. "If we are not
able to resolve these proposed adjustments ... we plan to pursue all available
administrative and, if necessary, judicial remedies."
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