Pillar Two: Policy, politics and interaction with Pillar One
Dec 8, 2023
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Doug McHoney, PwC's International Tax Services Global Leader, and Will Morris, PwC's Global Tax Policy Leader, discuss the progress of Pillar Two. They explore the administration and adjudication process, potential FAQs and future guidance from the OECD, the recent EC guidance, retroactive OECD guidance implementation, and business participation in the process.
The Pillar 2 process faces challenges due to the complex regulations and potential interpretation clashes in court decisions.
Businesses need clarity on legislation, guidance, and forms for effective compliance with Pillar 2 implementation.
Deep dives
Overview of Pillar 2 and PwC's Pillar 2 Engine
PwC's Pillar 2 engine is a game changer for Pillar 2 modeling, provision, and compliance calculations. It is a centralized rules engine built by a team of Pillar 2 tax experts from around the globe. Pillar 2 is happening with countries like the EU, UK, and Canada implementing it. Implementation is set to begin in January 2024, but there are concerns about the availability of legislation, guidance, and forms. The UTPR (Under-Taxed Payment Rule) in 2025 is a challenge, and there is a need for clarity on the interpretation and incorporation of administrative guidance and FAQs.
Challenges and Concerns in Pillar 2 Implementation
The Pillar 2 process has faced challenges due to the complex and extensive nature of the regulations. There are concerns about countries' diverse legislative approaches and potential interpretation clashes when it comes to court decisions. The availability of guidance, forms, and implementation timelines is crucial for businesses to comply. The inclusion of market transferable tax credits and potential issues with the R&D credit pose further challenges. The need for safe harbors and the potential impact on non-US parented groups operating in the US are important considerations.
Business Participation and Engagement in Pillar 2
Businesses have been engaged in the Pillar 2 process through business advisory groups and consultations. However, the extensive nature of the process and the varied priorities of different stakeholders have made full participation challenging. Businesses, particularly non-US entities, are encouraged to actively participate and provide input on issues such as UTPR, administrative guidance, and safe harbors. Ongoing engagement is crucial as the implementation of Pillar 2 approaches, and businesses can provide real-world insights to ensure effective and fair regulations.
Conclusion and Additional Topics on Tax and ESG Reporting
Pillar 2 implementation is set to begin in January 2024, and concerns regarding legislation, guidance, and forms persist. The role of businesses and stakeholders in actively engaging with the process will be vital. The article by Will Morris on Tax and ESG reporting explores the growing importance of this relationship and its connection to Pillar 2. Future discussions will delve into the impact of Pillar 2 on tax policies, including the challenges of transferable tax credits and R&D credits.
Doug McHoney (PwC’s International Tax Services Global Leader) is at PwC’s Global Tax Symposium in Rome, where he’s joined by Will Morris. Will is PwC’s Global Tax Policy Leader, and on Will’s last visit to the podcast, he covered FSR, the Foreign Subsidies Regulation. On this podcast, an exciting and familiar topic - Pillar Two! Doug and Will discuss generally how the Pillar Two process has been going. They wonder how tax authorities and courts will administer and adjudicate in their jurisdictions, and what will become of the potential FAQs and future administrative guidance from the OECD. They then discuss the recent EC guidance, and whether countries will be able to bring in the OECD guidance retroactively. Finally, Doug and Will touch on how business have participated thus far in the process.
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