Making Progress: Updates on the OECD Tax Reform Plan
Dec 20, 2024
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Stephanie Soong, Tax Notes Chief Correspondent, dives into the latest from the OECD’s ambitious two-pillar reform project. She discusses updates on the proposed 15% minimum tax for multinationals and its implications for developing nations. The complexities of the Pillar 1 framework to streamline transfer pricing are addressed, alongside negotiations stalling over its mandatory adoption. Upcoming legal challenges in global tax reform and the fiercely debated digital services taxes are also explored, revealing a turbulent road ahead as the OECD aims for a 2025 rollout.
The OECD's two-pillar plan addresses international corporate tax reform, focusing on profit allocation and a global minimum tax rate of 15%.
Significant legislative advances by countries like the UK and Canada demonstrate broad international compliance with the OECD's tax rules amid ongoing disputes.
Deep dives
Overview of the OECD's Two-Pillar Proposal
The OECD's two-pillar proposal aims to revamp the international corporate tax system to address challenges posed by the digital economy. Pillar one focuses on revising profit allocation and nexus rules, while pillar two introduces a global minimum tax rate of 15% for large multinational enterprises. Recent updates include the publication of consolidated administrative guidance and a streamlined process for identifying compliant jurisdictions under pillar two. These developments highlight the OECD's ongoing efforts to modernize tax rules in response to globalization and digitalization.
Progress on Pillar Two and Global Minimum Tax
Multiple jurisdictions have made significant strides in adopting the OECD's globe rules and minimum top-up taxes aligned with pillar two. Notable countries that have enacted or amended related legislation include the UK, Belgium, and Canada, demonstrating a broad international response. However, some EU member states faced challenges meeting deadlines for legislative compliance, prompting infringement procedures by the European Commission. Additionally, legal challenges, such as one filed in Belgium against the UTPR, underscore ongoing debates about the legality and implementation of these new tax standards.
Challenges and Expectations for Pillar One
While progress has been made with pillar two, developments under pillar one have been slower, particularly in reaching a final agreement regarding the multilateral convention. The agreement aims to give market jurisdictions the right to tax residual profits of large multinational enterprises but has been stalled due to disagreements on implementing amount B. Digital services taxes remain contentious, with Canada moving forward to implement its DST, evoking criticism from the U.S. As countries continue to navigate these complexities, 2025 is expected to bring further guidance and legislative efforts concerning both pillars, amid uncertainty regarding potential geopolitical shifts and their implications.
Tax Notes chief correspondent Stephanie Soong recaps the latest updates from the OECD’s two-pillar project and highlights what is expected from the organization in 2025.
Listen to our previous episodes on the two pillars here:
*** Credits Host: David D. Stewart Executive Producers: Jasper B. Smith, Paige Jones Showrunner: Jordan Parrish Audio Engineers: Jordan Parrish, Peyton Rhodes
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