The Tax Strategy of Amazon.com in Europe

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Amazon was founded in 1994 with Jeff Bezos, a former employee of a wall-street investment firm, to sell books online. The company then grow to sell other kinds of goods from clothes to electronic goods, including producing its own line of consumer electronic products Kindle e-book reader.

The company started to expand and by 1998 it enter European market by buying online retailers in the UK and Germany and changed their name to Amazon.co.uk and amazon.de. Two years later, it set up a French website amazon.fr.

At first all of its units mostly operate independently, including product purchasing process, meaning that the units’ profit can be taxed by the local authorities but 1999, the UK unit changed its principal activity to “the provision of services to other group undertakings” from “marketing and selling of books via the internet.”

This, in the author’s view, is crucial from the tax perspective. Amazon basically changed its UK unit from a Permanent Establishment (PE) ( a fixed place of business through which the business of an enterprise is wholly or partly carried on), which required to pay income taxes, to a non-permanent establishment that doesn't oblige to pay taxes.

According to OECD, PE includes a place of management, a branch, an office, a factory, a workshop, and a mine, an oil or gas well, a quarry or any other place of extraction of natural resources.

However, if the company have an office in the UK but carrying on any other activity of a preparatory or auxiliary character such as storage, maintenance of stock of goods and collecting information then it will not be considered as PE and therefore will not be taxed.

UK potential customers would then do business with Amazon unit registered in Delaware, US. Such practices also happened in Germany and France that basically transformed the units into a storage, distribution and customer support units.

The move was aimed to channeled the profit overseas back at home in order to offset large loss from investment and business development it made in the US as the company never made any profit until 2003.

Furthermore, in 2003, the company changed the strategy again as its US unit starting to make a profit and because it was made it possible to be taxed for its global revenue in the US then eventually it will increase Amazon’s tax bill. Coincidentally, US’s corporate income tax rate is very high compare to some of the European countries and the company could use part of the money it has to pay for the tax bill to reinvested into new business or investment.

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