Is the Commissioner skating on thin ice though when all the tax dimensions of this case have still to be resolved? I suggest not. Tax disputes may take years to resolve. The impact of unfair competition is seen considerably more quickly. The impact of a tax structure can be real, and detrimental to fair competition irrespective of the technical legality of a tax scheme: it is not true that because a tax scheme is legal it is beneficial to society or fair markets. There is then an over-arching imperative for the Commissioner to act to protect markets.
Isn’t that delightful. People not only can but should rip up the law if they feel like it.
As it happens it’s even possible that the Commission got this one right. If Amazon was charging itself a market rate royalty then they should have been fine. Transfer pricing and all that. It’s possible that they were more than a bit ambitious….