UK court ruling may prompt more scrutiny of Amazon tax plans

Fri Mar 7, 2014 1:34pm EST
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By Tom Bergin

LONDON (Reuters) - Amazon's tax affairs could come under more scrutiny in Britain, tax experts said, after a judge questioned whether it really was organized in the tax efficient way it said it was.

The ruling comes as big technology groups, including Amazon, face increasing scrutiny in Britain over their tax practices.

A UK judge ruled earlier this month that Amazon had infringed the trademark of soap maker Lush by posting advertisements on Google mentioning "Lush soap" and by offering customers who searched for "Lush soap" on its own website a list of options.

Since Lush products were not available on Amazon's UK website - on the manufacturer's insistence - the judge ruled customers could be confused.

Amazon did not respond to requests for comment. Lush said it welcomed the ruling.

In addition to denying infringement, Amazon said only its main European operating subsidiary, Luxembourg-based Amazon EU Sarl., and not the group's UK subsidiary, Ltd, should be a defendant.

Amazon argued Ltd had no case to answer because Amazon EU Sarl ran the UK business from Luxembourg, and that the British subsidiary simply provided services such as warehousing to the Amazon group.

This structure is also the basis of Amazon's claim that its retail business doesn't have a tax residence in Britain - and that therefore, all revenues and profits should be declared in low-tax Luxembourg.   Continued...

A zoomed illustration image of a man looking at a computer monitor showing the logo of Amazon is seen in Vienna November 26, 2012. REUTERS/Leonhard Foeger