Global Corporate Minimum Tax Definition

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Global Corporate Minimum Tax Definition

What Is a Global Corporate Minimum Tax?

A worldwide corporate minimum tax is an international agreement that proposes to impose a minimum rate of taxes on business revenue in most nations throughout the globe.

On October 8, 2021, 136 nations and jurisdictions agreed to an Organization for Economic Cooperation and Development proposal with a probable effective date of 2023, which has subsequently been postponed to 2024. The plan was intended to dissuade multinational firms from transferring profits for tax reasons and from eroding their tax bases (MNCs).

The agreement developed a two-pillar strategy for modifying tax regulations in order to address profit shifting and tax base erosion caused by tax evasion tactics, as well as issues faced by the global economy’s rising digitization. According to the OECD, the first pillar would reallocate more than $125 billion in corporate earnings from major businesses’ home nations for taxes in the jurisdictions where the profits were produced. The second pillar would generate an estimated $150 billion in revenue for nations that apply a 15% minimum tax rate to corporate profits.

The OECD’s two-pillar model “does not attempt to abolish tax competition, but rather limits it multilaterally.” It was presented for the first time at the G20 Finance Ministers conference in Washington, D.C., and was supported at the G20 Leaders Summit in Rome in October 2021.

Any worldwide corporate minimum tax, even the type proposed by the OECD, would not be self-enforcing. The rate and guidelines would have to be included into each country’s tax structure. As a signatory to the global corporate minimum tax agreement, the US would be required to adhere to the two-pillar plan and impose a 15% minimum company tax in accordance with the OECD model.

In the United States, the recently adopted Inflation Reduction Act of 2022 contained a 15% alternative minimum corporate tax on major firms. This tax incorporates some of the provisions of the OECD’s global minimum tax, bringing the United States closer to the OECD’s tax system. However, it will not be evident if U.S. law requires additional changes to adhere to OECD tax laws until the OECD negotiators produce their final, full draft.

If the US corporate minimum tax does not fulfill worldwide corporate minimum tax conformity rules, Congress must adopt and the president must sign revisions to the Internal Revenue Code (IRC) in order to participate in the OECD plan. Furthermore, agreement on the OECD plan’s two pillars would need changes to bilateral and international tax treaties. Treaties in the United States must be approved by the Senate and the president.

Key Takeaways

  • A global corporate minimum tax would apply a uniform minimum tax rate on a specified corporate revenue base throughout the globe.
  • The OECD proposed a corporate minimum tax of 15% on major multinationals’ international earnings, which would generate $150 billion in additional yearly tax income for nations.
  • The framework tries to deter governments from engaging in tax rivalry by lowering tax rates, which leads to corporate profit shifting and tax base erosion.
  • The framework was supported by 137 nations and jurisdictions, all of which agreed to the OECD proposal.
  • The G20 Leaders Summit in Rome in October 2021 authorized the worldwide corporate minimum tax. Its anticipated effective date is currently 2024.

The Basics of a Global Corporate Minimum Tax

A global corporate minimum tax is a standard minimum rate of corporate income tax that individual countries implement in accordance with an international agreement. Proponents hope it will be implemented because it would deter multinational corporations from making international investment choices based on low tax rates and from transferring earnings from high-tax to low-tax countries regardless of where the profits are made.

Tax competition fostering ‘race to the bottom’

Tax rivalry among governments to attract foreign investment has resulted in a race to the bottom, according to finance officials and academics. They are afraid that this rivalry would result in a significant loss of tax income and jeopardize funding for government activities in higher-tax nations. Meanwhile, lower-tax jurisdictions advertise their low rates in order to attract foreign investment from higher-tax jurisdictions.

MNCs with intangible property income (trademark and copyright royalties, patents, and software licenses) have been transferring such rights to corporate subsidiaries in lower-tax jurisdictions in order to avoid paying higher taxes imposed by their home countries and the countries where their income is earned. American multinational corporations, including as Amazon, Meta (previously Facebook), and Google, have built successful businesses in Ireland, where the maximum corporate tax rate of 12.5% is much lower than those in the United States, United Kingdom, and European Union (EU).

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According to a statement by US Treasury Secretary Janet Yellen, global rules that discourage profit shifting to lower-tax countries and allow countries where MNCs earn profits to tax those profits and benefit from the tax revenues would reduce tax competition and create a fairer distribution of tax revenues.

A worldwide corporate minimum tax might potentially decrease tax-based rivalry among nations dramatically. However, it would not totally eradicate it. If a common minimum tax rate gives multinational corporations little or no tax advantage for shifting investments and profits to lower-tax jurisdictions, then economic competition among countries will be influenced more by the comparative quality and strength of their infrastructure, as well as the skill of their workforce.

As part of the Build Back Better Act, the Biden Administration and Democratic senators proposed a 15% alternative corporate minimum tax on very successful firms beginning in 2021. It was updated, approved, and signed into law as part of the Inflation Reduction Act on August 16, 2022.

The OECD’s ‘Two-Pillar’ Plan

The OECD proposal contains numerous measures, in addition to a worldwide corporate minimum tax, to address the tax revenue loss caused by profit shifting and base erosion. The deal will amend current restrictions that ban nations from taxing MNC profits received in their territories unless the businesses have a physical presence there.

The first pillar

The first pillar of the OECD agreement empowers jurisdictions where giant MNCs’ goods and services are utilized to tax the resultant earnings, even if the businesses have no physical presence in the nation. This is especially true for IP and digital services.

France, the United Kingdom, and numerous other nations have individually placed specific, contentious digital taxes on such revenue in recent years. These taxes will be eliminated as part of the agreement’s first pillar. Since the signing of the OECD agreement, new digital services taxes have been prohibited.

Only the biggest MNCs, which totaled about 100 businesses at the time, were originally subject to the provision allowing taxes without connection. This regulation would now apply to MNCs with “global sales above €20 billion [about US$ 23.145 billion] and profitability exceeding 10%.” A government may tax 25% of excess income beyond 10% if MNCs generate at least €1 million [$1.16 million] in revenue from the jurisdiction.

Smaller nations with a GDP of less than €40 billion ($46.4 billion) may tax multinational corporations (MNCs) with €250,000 [$290,102] in income from the jurisdiction. Double taxes will be avoided using exemptions or credits. The regulation would most likely be expanded after a seven-year review.

The second pillar

The OECD’s second pillar levies a 15% worldwide corporate minimum tax on major multinational corporations’ low-taxed international revenue. This worldwide corporate minimum tax is only applicable to businesses with yearly sales over €750 million ($868,095).

The links between parent MNCs and their member firms are taken into consideration in special regulations for imposing the 15% tax. Parent MNCs that have subsidiaries with low-taxed overseas revenue must pay a “top-up” tax to raise the tax rate on such income to 15%.

Deductions for parent payments to low-tax overseas subsidiaries will be refused unless tax at a rate of 15% otherwise applies to the subsidiaries’ income. Source countries may additionally apply restricted source taxes on some related-party payments that are taxed at less than the minimum rate.

This proposal was endorsed by the United States and 132 other nations as of July 9, 2021. The signatories increased to include Estonia, Hungary, and Ireland with the October 8 accord, establishing support from all OECD, EU, and G20 member nations. The plan has been signed by 137 nations as of May 2022. Yellen is still promoting the concept and meeting with foreign leaders to encourage them to pass legislation to make it effective.

How a Global Corporate Minimum Tax Could Work

While a worldwide corporate minimum tax would impose a specified minimum tax rate, its overall design might take many shapes and have diverse impacts. Aside from the rate, the most contentious aspect of a tax system is the defining of the acceptable tax base.

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An income tax should, in principle, be levied on a taxpayer’s net economic income. However, consensus on what constitutes such revenue is difficult, if not impossible. Before the plan’s implementation in 2024, the OECD must decide on the definition of the tax base as well as associated laws.

Challenge: Defining the tax base

The definition and computation of taxable income in the United States tax law illustrates effectively the difficulties inherent in making a fair assessment of net economic income. Deductions, exclusions, exemptions, credits, transitory provisions, incentives, and other special regulations are all included in the Internal Revenue Code (IRC).

These clauses were often implemented to further social ideals such as environmental protection or charity, or to benefit private interests with tax breaks such as like-kind swaps or oil depletion allowances. Changing economic and political winds result in regular changes to US regulations. As a consequence, there is no reason to believe that these principles give a precise economic assessment. Rather, they show the difficulty of identifying a tax base.

Recognizing the complexity of the United States tax law and the fact that its many adjustments to income have allowed some wealthy taxpayers to legally evade any tax responsibility, the Biden Administration proposed—and Congress enacted—a corporation minimum tax in the Inflation Reduction Act. This tax is designed to prevent very prosperous businesses from paying little or no tax.

The newly implemented corporate minimum tax bases its domestic corporate minimum tax on book income, i.e. financial income established in accordance with generally accepted accounting standards (GAAP). Only extremely big corporations with enormous book profits but little or no taxable income will be taxed.

International tax laws

Other nations’ tax systems range in design and complexity, resulting in vastly diverse income tax bases and restrictions. A worldwide corporate minimum tax, on the other hand, needs a uniform definition of income in order to be recognized as fair and accepted.

As previously stated, the OECD concluded that its agreement would apply exclusively to corporations with sales over €750 million ($868,095). The writers also provided guidelines for implementation, modification, and enforcement. The strategy also includes:

  • Exemptions for mining businesses, shipping, regulated financial services, and pensions, which do not contribute to tax competition in general because their revenues are connected to particular areas or are subject to unique tax and regulatory regimes.
  • Some leeway to allow nations, primarily the United States, with tax regulations that are similar but not identical to those of the agreement to employ their own rules as long as their impact is equivalent to that of the OECD norms.

Minimum Tax Structure: Comprehensive or Targeted

A worldwide corporate minimum tax, in its most basic form, may oblige governments to levy no rate lower than a given rate on all business profits, whether generated at home or abroad. This method would be a severe violation of national sovereignty since it would eliminate nations’ jurisdiction over domestic business taxes.

More practically, the existing OECD framework for a worldwide corporate minimum tax is narrower and more focused. The OECD proposal requires multinational corporations’ foreign revenue to be taxed at the stipulated 15% minimum rate in order to deter tax competitiveness. Assuming a nation’s ordinary corporation tax rate is 10%, the OECD would require the country to pay an extra 5% to its company tax on revenue made abroad, for a total of 15%.

Tax accounting regulations in detail have yet to be created. Because the OECD’s minimum tax primarily applies to major multinational corporations, the new U.S. corporate minimum tax’s use of book income may benefit the OECD tax.

Prospects for a Global Corporate Minimum Tax

The OECD accord initially called for the new restrictions to go into effect in 2023. The OECD will provide technical recommendations for model regulations in March 2022. However, with the complicated, comprehensive standards still being developed, OECD leaders have recently estimated that implementation would be postponed until 2024. Because the concept requires numerous nations agreeing and then amending their tax rules, a 2024 effective date may be difficult.

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The adoption of a 15% minimum levy on firms with average annual financial statement earnings in excess of $1 billion over a three-taxable-year period in the United States is a significant step toward the implementation of a worldwide corporate minimum tax. Participation of the United States in the global corporate minimum tax system is critical to the plan’s eventual acceptance. The Biden Administration actively encourages the United States to participate in the global corporate minimum tax scheme. The approval of a 15% corporate minimum tax in the United States by Democratic majorities in the House of Representatives (220-207) and the Senate (51-50) shows that these members of Congress would support the worldwide proposal as well.

Republicans in Congress, on the other hand, voted overwhelmingly against the US corporate minimum tax. The Republican Party has stated that the worldwide proposal would be economically detrimental to the United States, and Republican Ranking Members of the House and Senate tax-writing committees have rejected the concept. As a consequence of the 2022 elections, a change in party control in either the Senate or the House might jeopardize US participation if tax code adjustments or treaty approvals are required.

Because certain characteristics of the new US tax diverge from some of the OECD’s tax plan standards, tax code adjustments may be required for the US to achieve compliance with the global plan. For example, to decide which companies are liable to their respective taxes, the two systems employ distinct income bases and establish separate income levels.

Furthermore, the OECD plan’s first pillar includes an extra obligation in addition to the uniform, 15% worldwide minimum tax that defines the plan’s second pillar. The first pillar compels qualifying multinational firms to pay taxes in foreign nations where they receive money, even if they do not have a legal presence. As a result, most participating nations, including the United States, will need to change their tax laws to integrate the two pillars.

What Is a Global Corporate Minimum Tax?

A global corporate minimum tax is an international minimum tax system that applies a set and consistent tax rate on company revenue in member nations. Currently, 137 countries have agreed to the Organization for Economic Cooperation and Development’s (OECD) proposal to impose a 15% worldwide minimum tax on corporate revenue, as defined by a company’s “book” earnings. The tax would only apply to extremely big firms. Implementation is expected to begin as early as 2024.

What Is the Purpose of the OECD Plan?

The OECD initiative is meant to prevent low-tax nations’ attempts to lure investment away from higher-tax jurisdictions, resulting in a race to the bottom. It would also address the widespread movement of money produced from intellectual property—particularly from digital goods and activities—from high-tax countries to lower-tax nations where the IP rights are strategically registered and controlled.

What Is the US Position on the OECD Proposal for a Global Corporate Minimum Tax?

The Biden Administration has consented to the US participation in the OECD proposal. Some Republican lawmakers have raised reservations about the concept. However, the recent implementation of a 15% corporate minimum tax on extremely big firms’ book income puts the US tax law closer to the OECD idea.

Despite the fact that many U.S. firms pay taxes at effective rates lower than the 21% statutory rate, the United States is losing tax income to low-tax and tax haven nations. The success of the OECD plan is dependent on US participation in order for other nations to join. Finally, US involvement will be determined by the tax system and administration agreed upon by the participating countries.

The Bottom Line

Although the OECD proposal has garnered widespread global support, its continued development and the requisite legislation of matching country laws will push its implementation date back until at least 2024. While intervening crises have distracted politicians’ attention and hampered the plan’s implementation, technical experts and diplomats continue to try to make the OECD idea a reality.

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