Re:Commission says Ireland granted undue tax benefits of up ...
by krona on Tuesday August 30, 2016 @02:57PM
(#12392861)
> Are they completely legal or is this just a case of they are legal, until a court finds that they actually aren't legal.
To the extent that things are generally legal until they aren't.
The complaints from the US treasury are that the decision goes against pre-existing case law, and so shouldn't be applied retroactively. [1]
A 'power grab' is an adequate description of what's going on; the EU commission is basically forcing member states to redefine their own arm's length principle and their application of it. They would call it 'tax harmonization.'
To the extent that things are generally legal until they aren't.
The complaints from the US treasury are that the decision goes against pre-existing case law, and so shouldn't be applied retroactively. [1]
A 'power grab' is an adequate description of what's going on; the EU commission is basically forcing member states to redefine their own arm's length principle and their application of it. They would call it 'tax harmonization.'
1] https://www.treasury.gov/resource-center/tax-policy/treaties...