Luxembourg has brought two actions in the EU General Court on April 24 asking the court to annul European Commission decisions that direct Luxembourg to provide information on its intellectual property taxation scheme and to provide the Commission with a list of advance tax rulings issued in 2010, 2011, and 2012 involving cross-border transactions, recently released court documents reveal.
Luxembourg argues that the Commission is making an inappropriate speculative request for information; has requested more information than necessary to achieve its goals; has not sufficiently explained the reasons for the information request; and has failed to respect Luxembourg’s competence in matters of direct taxation.
The action seeks to counter a Commission investigation into whether advance rulings issued to multinationals by Luxembourg, Ireland, and The Netherlands sanctioned the allocation of too little profit to activities in those countries, thereby amounting to illegal state aid.
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