2023-11-09-KPMG_s_EU_Tax_Centre-Euro_Tax_Flash_from_KPMG_s_EU_Tax_Centre_6页_427kb

报告摘要

KPMG Euro Tax Flash Summary: Pillar One and Pillar Two Updates

Core Content

The KPMG Euro Tax Flash provides an update on the progress and implementation of Pillar One and Pillar Two of the OECD/G20 Inclusive Framework on BEPS 2.0, as endorsed by the ECOFIN Council and the European Commission (EC). These pillars aim to reform international taxation to address tax avoidance by multinational enterprises (MNEs) and ensure a fairer tax system.

Main Points on Pillar One

Background

The EU Minimum Tax Directive includes a provision requiring the EC to submit a progress report on Pillar One.
The report published on June 30, 2023, outlined the progress made by the Inclusive Framework.
The EC reaffirmed its commitment to timely and consistent implementation of Pillar One.

Key Developments

Amount A Multilateral Convention was released, reflecting the current consensus among Inclusive Framework members.
Amount B is under development, with a public consultation launched to finalize its design elements. Implementation is expected via an update to the OECD Transfer Pricing Guidelines starting in January 2024, with a review after 3 years.

ECOFIN and EC Statements

The Council and EC emphasized the importance of timely implementation of Pillar One.
The Council welcomed progress on Amount A and Amount B, and expressed continued support for the reform.
The EC called on Member States to swiftly sign and ratify the Amount A Multilateral Convention and highlighted the importance of Amount B for simplifying transfer pricing and enhancing legal certainty.

ETC Comment

The Amount A Multilateral Convention requires ratification by at least 30 countries accounting for 60% of UPEs to enter into force.
The current moratorium on digital services taxes is set to expire at the end of 2023, raising concerns about alternative solutions.
Possible alternatives include a digital permanent establishment or an EU digital levy, though these are not yet finalized.

Main Points on Pillar Two

Background

The EU Minimum Tax Directive was adopted on December 15, 2022, and entered into force on December 22, 2023.
Member States must transpose the Directive into domestic law by December 31, 2023.
The Income Inclusion Rule (IIR) applies to fiscal years starting on or after December 31, 2023, while the Undertaxed Profits Rule (UTPR) applies to those starting on or after December 31, 2024.
Member States have the option to implement QDMTT, with a possible deferral until December 31, 2029, if they have no more than 12 UPEs.

OECD Alignment

The Directive is closely aligned with the OECD GloBE Model Rules and aims to implement them in a manner compatible with EU Treaties.
The Directive's recital refers to the Commentary to the GloBE Model Rules and the GloBE Implementation Framework, including safe harbor rules, as a source of interpretation.

Safe Harbour Provisions

The EU QDMTT Safe Harbour allows for the use of parent entity's acceptable accounting standards or IFRS to avoid computing top-up tax.
A specific safe harbour article (Article 32) allows for zero top-up tax in jurisdictions meeting agreed international conditions.
Cyprus is the only EU Member State not part of the OECD/G20 Inclusive Framework, but it has separately consented to the transitional CbyC Safe Harbour and UTPR Safe Harbour.

Administrative Guidance and Clarifications

The Inclusive Framework has released several administrative guidance documents:
- February 2023 Administrative Guidance: Covers QDMTT design, exclusion of debt release income, inclusion of portfolio shareholding income, and tax credit treatment.
- July 2023 Administrative Guidance: Includes the permanent QDMTT Safe Harbour, transitional UTPR Safe Harbour, currency conversion rules, and substance-based income exclusion.
- GloBE Implementation Framework: Provides the design of the transitional CbyC Reporting Safe Harbour.
- Standardized GloBE Information Return Template: Released with explanatory notes and administrative relief provisions.

ECOFIN and EC Statements

The EC confirmed that the Administrative Guidance is compatible with the EU Directive and encouraged Member States to proceed with transposition.
The Council supported the agreement on the Administrative Guidance, including safe harbours and the GloBE Information Return.
The Council emphasized the need for consistency in the interpretation of the Directive and noted the intention of Member States to align with the Inclusive Framework guidance.

ETC Comment

The implementation of Pillar Two is accelerating as the deadline approaches.
It is expected that the EU Directive will not be updated in the short term to reflect additional guidance.
Questions remain regarding the legal basis for applying the OECD safe harbours and commentary in EU Member States.
Some jurisdictions may need to incorporate certain elements of the Commentary and Guidance directly into domestic law, due to constitutional requirements.
Taxpayers should monitor how EU Member States apply the safe harbours and administrative guidance to ensure compliance.

Key Takeaways

Pillar One and Pillar Two are key components of the global tax reform.
The ECOFIN Council and EC have reaffirmed their support for the Inclusive Framework and the EU Minimum Tax Directive.
The Amount A Multilateral Convention is a critical step, but requires ratification by 30 countries.
The transitional safe harbours and administrative guidance provide clarity and support for implementation.
Pillar Two implementation is accelerating, with a focus on QDMTT, IIR, and UTPR.
Taxpayers should remain vigilant and monitor national implementations to ensure compliance and adapt to potential changes.