Case SA.44888 | Tax treatment of Engie by Luxembourg

Author (Corporate)
Publisher
Publication Date 20/06/2018
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Summary:

The European Commission announced on 19 September 2016 it was launching an in-depth investigation into Luxembourg's tax treatment of GDF Suez group, a French electric utility company (later Engie). On 20 June 2018, the Commission concluded that the country allowed two Engie group companies to avoid paying taxes on almost all their profits for about a decade and decided Luxembourg would have to recover about €120 million in unpaid tax.

Further information:

Following the in-depth investigation, the Commission concluded that two sets of tax rulings issued by Luxembourg artificially lowered Engie's tax burden in Luxembourg for about a decade, without any valid justification. The Commission found that the tax rulings granted a selective economic advantage to Engie by allowing the group to pay less tax than other companies subject to the same national tax rules. In fact, the rulings enabled Engie to avoid paying any tax on 99% of the profits generated by Engie LNG Supply and Engie Treasury Management in Luxembourg.

Engie (former GDF Suez) is a French electric utility company. Engie Treasury Management S.à.r.l., a treasury company, and Engie LNG Supply, S.A, a liquefied natural gas trading company, are both part of the Engie group. In November 2017, Total has signed an agreement with Engie to acquire its LNG business, including Engie LNG Supply.

Source Link http://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=3_SA_44888
Related Links
EurActiv, 20.06.18: French energy giant Engie hit with €120 million ‘illegal’ state aid ruling https://www.euractiv.com/section/competition/news/luxembourgs-sweetheart-deal-with-french-energy-giant-is-illegal/
Reuters, 20.06.18: France's Engie faces tax bill after EU ruling on Luxembourg https://uk.reuters.com/article/idUKKBN1JG11C
Delano, 20.06.18: Engie owes Lux €120m in unpaid tax, says Brussels http://delano.lu/d/detail/news/engie-owes-lux-eu120m-unpaid-tax-says-brussels/182816
Bloomberg, 20.06.18: Engie Gets $139-Million Tax Bill as EU Bans Luxembourg Pact https://www.bloomberg.com/news/articles/2018-06-20/engie-gets-139-million-bill-as-eu-outlaws-luxembourg-tax-breaks
EUObserver, 19.09.16: EU probes French gas firm's Luxembourg tax dealings https://euobserver.com/economic/135148
Politico, 19.09.16: For Margrethe Vestager, timing is of the essence http://www.politico.eu/article/for-margrethe-vestager-timing-is-of-the-essence-apple-united-states-state-aid-ireland-engie-france-gdf-suez-luxembourg/
The New York Times, 19.09.16: E.U., Accused of Bias Against U.S. Companies, Opens Tax Inquiry Into French Utility http://www.nytimes.com/2016/09/20/business/international/europe-us-tax-luxembourg-engie-vestager.html
The Wall Street Journal, 19.09.16: EU Investigates Luxembourg’s Tax Treatment of Engie http://www.wsj.com/articles/eu-investigates-luxembourgs-tax-treatment-of-engie-1474284114
European Commission: Statement by Commissioner Vestager on Commission decision that Luxembourg gave illegal tax benefits to Engie and has to recover around €120 million in unpaid tax http://europa.eu/rapid/press-release_STATEMENT-18-4231_en.htm
European Commission: Press Release, 20.06.18: Commission finds Luxembourg gave illegal tax benefits to Engie; has to recover around €120 million http://europa.eu/rapid/press-release_IP-18-4228_en.htm
European Commission: Press Release, 19.09.16: Commission opens in-depth investigation into Luxembourg's tax treatment of GDF Suez (now Engie) http://europa.eu/rapid/press-release_IP-16-3085_en.htm
Engie: Press Release, 20.06.18: ENGIE denies having received any State aid from Luxembourg https://www.engie.com/en/journalists/press-releases/denies-having-received-state-aid-luxembourg/

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