Boeing Co. received illegal subsidies in the form of federal
and state tax breaks, the World Trade Organization’s Appellate Body affirmed in
a ruling made public March 12, which also found at least $2.6 billion in the
form of U.S. government research and defense contracts also represented a
subsidy.
In its verdict, which was circulated in advance to the
United States and the European Union Feb. 29, the Appellate Body upheld an
earlier panel finding that, between 1989 and 2006, Boeing received illegal
subsidies from NASA and the U.S. Department of Defense in the form of R&D
support.
In regard to the tax breaks, the Appellate Body reversed
part of the panel’s findings. The panel had ruled that $2.2 billion in tax
breaks provided to Boeing between 1989 and 2006 under the Foreign Sales
Corporation/Extraterritorial Income (FSC/ETI) legislation constituted a
prohibited export subsidy. It also ruled Boeing had received illegal subsidies
from the state of Washington and the city of Everett, Wash., through “Business
and Occupation” (B&O) tax reductions and tax credits totaling $16 million
over the 1989-2006 review period in question.
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