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Implications of the Starbucks and Fiat state aid decisions

Heather Self and Caroline Ramsay (Pinsent Masons) delve into the EC’s decisions that Starbucks and Fiat tax rulings were unlawful state aid and what this is likely to mean for other multinationals operating in the EU.
 

The European Commission has decided that tax rulings granted by Luxembourg to Fiat Finance and Trade and by the Netherlands to Starbucks constitute ‘selective tax advantages’ contravening EU state aid rules. It did not come as a surprise that the Commission found against the companies involved in these ‘flagship’ tax cases as the direction of travel was clear from documents published earlier in the year setting out the Commission’s case. What is surprising is the level of technical tax detail that the competition authorities have considered in reaching their decisions.

The monetary amounts are not fundamental for the companies involved with the Commission estimating that they will each be required...

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