Budapest Post

Cum Deo pro Patria et Libertate
Budapest, Europe and world news

France’s digital taxman goes after Amazon — again

France’s digital taxman goes after Amazon — again

The US tech giant scored a victory narrowing a French digital levy that lawmakers are now trying to overturn.

Amazon won a key battle against France’s digital tax earlier this year. Now, the country’s taxman is out for revenge.

France's digital tax was announced with much fanfare in 2019 as a way of netting revenue from Big Tech platforms. But Amazon has since scored a major success that has narrowed the levy's scope, according to a previously unreported decision from the French top administrative court in March.

While the tax still targets online marketplaces and advertising, the Council of State ruled that other activities such as online multiplayer games and services between two companies of the same group should be left out — unlike what France's tax authorities had written in their guidelines.

Now, the Senate is trying — with the government’s backing — to make up for it through amendments voted over the November 19-20 weekend in parliamentary discussions on France’s 2023 budget.

"Few people noticed the [March] decision, which is quite technical," said Laurence Mazevet, tax partner at KPMG Avocats. "We expected the tax authorities to seek to change the law, because the Council of State's decision minimizes the levy’s impact.”

The digital tax targets companies with an annual global turnover of €750 million and at least €25 million in France. This covers, among other companies, Google, Facebook, Apple and Amazon, and the French government expects the tax to bring €670 million to public coffers in 2023. Paris has pledged to scrap its national levy as soon as a global deal on the taxation of corporate giants actually becomes reality, which is happening very slowly.

In France, Amazon was one of the staunchest opponents to the national scheme and the first tech company to announce it would pass on the costs to sellers.


Three wins


In 2021, Amazon challenged the tax authorities' guidelines on the digital levy, arguing that they go beyond the law. Administrative guidelines on taxes provide further explanation on legislation but can be brought before the Council of State when taxpayers deem them unfavorable.

While it's unclear how much money Amazon has saved or will save, the administrative court's decision is a political victory for the U.S. tech giant.

"There are three issues on which Amazon won. Each time, it was because the tax authorities had misinterpreted the law," said Edouard Milhac, an associate at CMS Francis Lefebvre Avocats.

The top administrative court effectively reduced the tax's scope and required the French economy ministry to pay Amazon €3,000 in compensation.

The ruling is also a pleasant surprise for companies such as Epic Games. The top court said the tax shouldn't cover online multiplayer games. Intermediation services provided by companies of the same group shouldn't either. And it limits the tax base by cutting out logistic services provided by online marketplaces.

Tax lawyers Milhac and Mazevet said the decision opens the door for claims from companies who overpaid from 2019 to 2021. Amazon did not say whether it had followed the administrative guidelines and would seek reimbursement.

An Amazon spokesperson referred POLITICO to a March 2022 statement saying the Council of State’s decision "confirms that the interpretation by the French tax authorities goes far beyond the scope and intent of French law."

“Amazon pays all the taxes that it is required to pay in France," the statement continues, estimating the company's contribution in France at more than €1 billion in 2021 in direct and indirect taxes.


Two losses


The Council of State's decision did not fall on deaf ears. Over the weekend, the Senate quietly adopted an amendment to the French 2023 budget that overturns two of Amazon’s wins.

The proposal drafted by the budget’s rapporteur — Jean-François Husson from the conservative party Les Républicains — enshrines in the law the inclusion of multiplayer games and intra-group services when they are also provided to external companies. However, senators didn't add revenue from logistics to the tax base.

The amendment, which would come into force on December 31, is likely to impact companies beyond Amazon.

Husson and government spokespeople did not reply to multiple requests for comment. The tax authority declined to comment.

The Senate moved to expand the levy with the government's blessing. “This amendment is a timely clarification of the digital tax’s conditions of application,” Industry Junior Minister Roland Lescure told lawmakers ahead of the vote.

The budget still needs to go back to the National Assembly, but the government's backing means the Senate's amendments will likely be in the final text.

Lawmakers wanted to “clarify the law,” the Senate official said; “the digital tax was always meant to be extended.”

AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
Newsletter

Related Articles

0:00
0:00
Close
Russia’s A7 Builds a State-Linked Payments Network Beyond Western Sanctions
AI’s Next Bottleneck Is Power, Not Just Nvidia Chips
Meta Raises AI Spending Target to as Much as $145bn Despite Pressure Over Returns
Danube Drought Exposes Nazi Wrecks and Pushes Central Europe’s Power System to the Brink
Joe Biden’s Cancer Has Spread Beyond His Bones, Hunter Biden Says
Why 2027 Could Be a Strong Year for Stocks—and Why the Forecast Is Fragile
Why Markets May Look Quiet in August After Big Tech Earnings
UK Drought Cuts Harvests and Raises Food-Security Fears
UFO: Pentagon Releases Video of Unidentified Object Tracked Over Middle East
Ukraine Tells Senate Republicans Its Drone War Offers a Blueprint for America
Weight-Loss Drug Boom Tests the Limits of Prescription Advertising Rules
Senate Scrutinises AI-Driven Personalised Pricing
Spain Seeks Mainland Transfers for 1,100 Children Stranded in Ceuta
Spain and Morocco Trade Blame After 72,000 Migrants Enter Ceuta
AI Is Remaking the US Economy, From GDP Growth to iPhone Prices
Europe’s Heat and Drought Are Now Disrupting Power, Shipping and Tourism
Europe’s Drying Rivers Trigger Power Cuts, Factory Shutdowns and Wildfire Emergencies
Record-Low Danube Forces Nuclear Cuts and Emergency Power Curbs
Danube Drought Forces Hungary’s Paks Nuclear Plant Into Full Shutdown
Ceuta Death Toll Rises as Spain and Europe Clash Over Border Response
Valued at $109 Million: F-35B Fighter Jet Crashes in Southern California
Record-Low Danube Exposes Probable Mammoth Remains in Bulgaria
US Says It Has Carried Out Heavy Strikes on Iran After Attempted Attacks on Its Forces
The AI User Nightmare: Private Claude Conversations Leaked to the Internet
Over 24 Hours in the Air: Qantas Airbus Completes Record-Breaking Test Flight
Massive Wildfires Ravage Southern Europe: Fatalities in Greece and Evacuations Across France, Spain, and Turkey
Nvidia Reportedly Takes Vast Texas Data-Centre Lease to Underwrite AI Expansion
FIFA’s Private-Investment Plan for World Cup Rights Draws European Revolt
Apple Briefly Crosses Five Trillion Dollar Valuation as Investors Retreat From AI Bets
Fresh Heatwave Threatens to Rekindle France’s Historic Wildfire Crisis
Following OpenAI's Cyberattack: 'Most Companies Still Do Not Understand What Is Coming'
OpenAI Sued After ChatGPT Allegedly Discouraged Emergency Care Before Near-Fatal Embolism
Miliband Sets Climate and International Law at Centre of UK Diplomacy
Czech Central Bank Governor Rejects Early Euro Entry and Rate-Cut Pressure
Trump Readies New Tariffs as Temporary Global Levy Nears Expiry
Vivienne Westwood Casts Cicciolina, 74, in Its New Autumn Campaign
Dejavu: Germany’s Military Expansion Reshapes Europe’s Strategic Balance With France
Morgan Stanley Builds a Wall Street Lead in AI Infrastructure Finance
High Prices Push Coffee Drinkers Toward Whole Beans and Home Brewing
Trump Draws Boos and Podium Scrutiny at Spain’s World Cup Triumph
Brilliant move: Péter Magyar Moves to Nominate Chess Grandmaster Judit Polgár as Hungary’s President
Spain Defeats Argentina in Extra Time to Win Second World Cup
Current AI Seeks to Build an Open Global AI Infrastructure Outside Big Tech Control
Germany’s Economic Malaise Reopens the Sunday Shopping Debate
Proposed U.S.-Saudi Nuclear Pact Could Permit Limited Uranium Enrichment Under International Safeguards
Netherlands Declares Water Shortage Emergency After Drought Pushes Rivers to Historic Lows
Why Kentucky Fried Chicken Became KFC—and Why the False Explanations Persist
Ukrainian Drones Strike Wildberries Warehouses Deep Inside Russia
Reported CIA Mission Helped Clear the UAE’s Path to Advanced US AI Chips
Artificial Intelligence Capital Fuels Markets While Governments and Regulators Face Mounting Strategic Tests
×