应对经济数字化带来的税收挑战（英）-18页_1mb

OECD/G20 Base Erosion and Profit Shifting Project: Addressing the Tax Challenges from Digitalisation

Core Content

The OECD/G20 Base Erosion and Profit Shifting (BEPS) Project has developed a two-pillar solution to address the tax challenges arising from the digitalisation of the economy. This framework aims to ensure that multinational enterprises (MNEs) pay a fair share of tax in the jurisdictions where they operate and generate profits, while also setting a global minimum corporate tax rate of 15% to curb harmful tax competition.

Main Points

Pillar One: Reallocating Taxing Rights

• Scope: Applies to MNEs with global turnover exceeding €20 billion and a profitability of at least 10%. The threshold will be reduced to €10 billion after successful implementation and a review in 7 years.
• Nexus: A new special purpose nexus rule allows market jurisdictions to claim taxing rights if the MNE earns at least €1 million in revenue from that jurisdiction (€250,000 for smaller jurisdictions).
• Quantum: Between 20-30% of residual profits (profits above 10% of revenue) will be reallocated to market jurisdictions.
• Revenue Sourcing: Profits are sourced to the jurisdiction where goods or services are used or consumed.
• Tax Base: Determined by financial accounting income with limited adjustments.
• Dispute Resolution: Includes mandatory and binding mechanisms to prevent double taxation.
• Safe Harbour: A mechanism to cap residual profits allocated to market jurisdictions where they are already taxed.
• Unilateral Measures: The package includes the withdrawal of unilateral measures like Digital Service Taxes (DSTs).

Pillar Two: Global Minimum Tax

• Global Anti-Base Erosion (GloBE) Rules: Includes:
  • Income Inclusion Rule (IIR): Imposes top-up tax on parent entities for low-taxed income of constituent entities.
  • Undertaxed Payment Rule (UTPR): Denies deductions or requires equivalent adjustments for low-tax payments.
• Subject to Tax Rule (STTR): Allows source jurisdictions to impose limited taxation on certain related party payments if they are taxed below the minimum rate. The STTR minimum rate is set between 7.5% and 9%.
• Minimum Tax Rate: At least 15% for all MNEs meeting the €750 million revenue threshold.
• Carve-outs:
  • Formulaic Substance Carve-out: Excludes income that is at least 5% (or 7.5% in the transition period) of tangible assets and payroll.
  • De Minimis Exclusion: Excludes very small amounts of income.
  • International Shipping Income: Excluded under the OECD Model Tax Convention.
• Implementation: The GloBE rules and STTR will be implemented through a multilateral instrument in 2022, effective from 2023.

Key Benefits

• Revenue Generation:
  • Pillar One is expected to reallocate over €100 billion in profit to market jurisdictions annually.
  • Pillar Two is estimated to generate around €150 billion in new tax revenues annually.
• Tax Certainty: Increases certainty for MNEs and tax administrations by reducing disputes.
• Support for Developing Countries:
  • Developing countries gain the right to tax MNEs on profits earned from their users and customers.
  • The global minimum tax prevents tax havens from offering excessive tax incentives, which can harm developing economies.

Impact

• Economic Impact: Pillar One is expected to increase tax revenues in developing countries by around 1% of their corporate income tax revenues.
• Investment Impact: A consensus-based solution avoids the proliferation of unilateral measures and reduces the risk of trade disputes, thereby supporting a more stable and predictable investment environment.
• Potential GDP Impact: Without the agreement, global GDP could be reduced by more than 1% due to trade wars and uncertainty.

Next Steps

• Finalisation: The agreement will be finalised in October 2021 with an implementation plan.
• Model Legislation: Model rules, guidance, and a multilateral treaty will be developed in 2022.
• Implementation: The two-pillar solution will be implemented starting in 2023.

Key Milestones

• 1996: G7 prioritises tax evasion and avoidance.
• 1998: OECD report on harmful tax competition.
• 2000–2007: Development of international tax transparency standards.
• 2008–2009: G20 pledge to end bank secrecy and establish the Global Forum.
• 2013: G20 identifies tax avoidance as a priority.
• 2015: Adoption of the BEPS package of 15 actions.
• 2016: Establishment of the OECD/G20 Inclusive Framework on BEPS.
• 2017–2020: Active discussions on digital tax challenges, leading to the release of a two-pillar blueprint in October 2020.
• 2021: Over 130 countries and jurisdictions join the two-pillar plan.

Frequently Asked Questions

• Q1: How does the two-pillar package ensure MNEs pay their fair share of tax?

  • Pillar One reallocates profits to market jurisdictions, while Pillar Two introduces a global minimum tax rate of 15%.

• Q2: What about smaller MNEs not covered by Pillar One?

  • Pillar Two applies to a larger group of MNEs, including those with annual revenue over €750 million.

• Q3: How much tax will this generate?

  • Pillar One is expected to generate over €100 billion in tax revenue annually.
  • Pillar Two is estimated to generate around €150 billion in new tax revenues annually.

• Q4: What benefits do developing countries get?

  • They gain the ability to tax MNE profits and are protected from harmful tax competition.

• Q5: Is this the end of tax havens?

  • While not eliminating tax havens, the global minimum tax rate of 15% makes them less attractive, especially for MNEs with real economic activity.

• Q6: When will companies start paying this new tax?

  • Implementation is scheduled to begin in 2023 after the agreement is finalised in October 2021.

• Q7: Why is the minimum tax rate set at 15%?

  • It is a compromise to ensure broad agreement among diverse members, some of which have lower tax rates.

• Q8: Can countries tax MNEs on their own?

  • Unilateral measures like DSTs will be phased out under the agreement.

Conclusion

The two-pillar solution represents a significant reform of the international tax system, addressing the challenges posed by the digital economy. It ensures that large MNEs pay tax where they operate and introduces a global minimum tax rate to prevent harmful tax competition. The implementation plan aims to create a stable, predictable, and fair tax environment for all countries, especially developing ones, by the year 2023.