Tax policy update — OECD and domestic minimum taxes
May 2, 2023
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The podcast discusses OECD's Pillar Two model rules, US minimum corporate tax legislation, FASB and IASB responses, accounting implications, uncertain enactment of Pillar Two, treatment of tax credits, and advice for organizations on global tax policy.
Implementing global minimum tax requires thorough preparation across jurisdictions.
US CAMT differs from OECD Pillar 2 in minimum tax calculation and treatment of credits.
Standard setters are adapting accounting standards to reflect impact of Pillar 2 rules.
Deep dives
Impact of Pillar 2 on Companies
Pillar 2, focusing on implementing a global minimum tax, requires comprehensive preparation as companies face challenges across various jurisdictions. The OECD's Pillar 2 model rules aim at ensuring entities pay a minimum tax percentage based on financial statements. The US and other countries are in the process of implementing these rules, leading to potential double taxation issues and uncertainties for companies.
Comparison between Corporate Alternative Minimum Tax (CAMT) and Pillar 2
The CAMT in the US, set at a 15% minimum tax on book income, differs from Pillar 2 by considering overall tax liability rather than per jurisdiction. While Pillar 2 focuses on potentially penalizing tax credits that reduce tax liability, the CAMT safeguards certain tax credits. Moreover, the CAMT employs a direct credit concept, while Pillar 2 uses deferred tax concepts, reflecting distinct approaches to minimum taxation.
Accounting Standards in Response to Pillar 2
The FASB and ISB are addressing the impact of Pillar 2 on accounting standards by implementing temporary exceptions from deferred tax accounting. The FASB aligns Pillar 2 with alternative minimum tax standards, removing the need for deferred accounting. The ISB, through an exposure draft, provides mandatory exceptions and simplified disclosure requirements, aiming to streamline financial reporting amidst evolving global tax policies.
Implications of the Pillar 1 Agreement for US Companies
The OECD agreement stipulates that Pillar 1, affecting significant US companies, cannot be implemented without the consent of the United States. Given the slow progress of tax treaties in the US, especially multilateral ones, achieving the required approval from 67 US senators for an OECD multilateral tax treaty is deemed highly unlikely in the near future.
Types of Transferable Credits and Accounting Considerations
The introduction of transferable credits under the Inflation Reduction Act presents a new concept in the US tax system. These credits allow for the monetization of credits through transfer to another party with sufficient tax liability. Transferable credits differ from regular and refundable credits, introducing a unique mechanism for credit monetization. Structurally, transferable credits offer opportunities for market-based transactions and accounting treatments, raising considerations related to tax equity and financial accounting implications.
Every Tuesday in May, Jennifer Spang is taking over the podcast to share the latest on income tax accounting — recent global and US tax policy developments, standard setting activity, and tax accounting considerations related to common transactions, such as business combinations and spin-offs.
To kick off the series, Heather Horn and Jenn are joined by Pat Brown, the co-leader of PwC's Washington National Tax Services practice, to share insights on the OECD and the US minimum corporate tax legislation.
In this episode, you’ll hear discussion of:
2:09 - An overview of OECD’s Pillar Two model rules
4:30 - The status of Pillar Two’s enactment in various jurisdictions
10:48 - The differences between the US corporate alternative minimum tax and the OECD Pillar Two minimum tax
20:58 - The response from the FASB and IASB to the accounting implications of Pillar Two enactment
27:45 - What companies can do now considering the uncertainty of enactment of Pillar Two
37:54 - The different treatment of tax credits under the Inflation Reduction Act and Pillar Two
56:19 - Final advice for organizations on global tax policy
Jennifer Spang is PwC’s National Office income tax accounting leader, specializing in tax accounting under US GAAP and IFRS. She has over 25 years of experience helping companies in a variety of industries navigate complex tax accounting matters.
Pat Brown is PwC’s Washington National Tax Services co-leader. Prior to joining PwC, he spent 16 years in the private sector, including a role as the director of tax policy for a Fortune 50 company. Pat has also served in the US Treasury’s Office of Tax Policy as an attorney-advisor and as Associate International Tax Counsel.
Heather Horn is PwC’s National Office thought leader, responsible for developing our communications strategy and conveying firm positions on accounting and financial reporting matters. She is the engaging host of PwC’s accounting and reporting weekly podcast and quarterly webcast series. With over 30 years of experience, Heather’s accounting and auditing expertise includes financial instruments and rate-regulated accounting.
Transcripts available upon request for individuals who may need a disability-related accommodation.Please send requests to us_podcast@pwc.com.
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