IFA 2022: Pillar two about ‘strengthening sovereignty’

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

IFA 2022: Pillar two about ‘strengthening sovereignty’

Leader concept. Headman. Chess king cast shadow in form of lion

The departing OECD director said countries’ sovereignty is crucial to pillar two while speakers questioned current tax policies.

Countries must not fear losing their sovereignty when implementing pillar two, but policies need to be revised for the OECD tax framework to be efficient, according to panellists at the IFA Congress in Berlin last week.

Pascal Saint-Amans, departing director at the OECD’s Centre for Tax Policy and Administration, said that countries had “lost their sovereignty” in the world of globalisation due to unfair tax competition.

However, they could regain their power through more robust tax laws.

“The tax paradox is to strengthen the tax sovereignty. To do that, they [countries] have to give up a bit of their sovereignty,” he said during the IFA panel on September 7.

Mechanisms must be put in place to prevent profit shifting and for governments to retain their power of collecting revenue, but tax incentives make it difficult to do so, according to Saint-Amans.

“There is a wealth of debate and questions that countries will have to face. It’s about strengthening sovereignty and removing the ability of some countries to be aggressive and offer tax tools,” he explained.

US outlook

Despite regulations including the global intangible low-taxed income (GILTI) rule in the US, which aims to tax income earned by controlled foreign companies (CFCs), there remains a sovereignty and compliance issue.

CFC rules are also designed to prevent profit shifting by forcing taxpayers to declare their foreign earnings.

During the same panel, Manal Corwin, principal-in-charge of KPMG’s Washington national practice and America’s regional tax policy leader for KPMG International, said she considers this to be a crucial issue within BEPS.

“The US was suggesting strengthening CFC rules – in the end, the BEPS action plan was a way to get that. CFCs are the province of domestic law,” she said.

“At the end of the day, you end up with something in which countries are looking to collect their own tax. There is a tension with the fact that countries regularly use tax policies to drive outcomes, desirable outcomes,” added Corwin.

This approach “neutralises” the effectiveness of tax policies to achieve these desirable outcomes, according to Corwin.

“The origin and pathway were because of sovereignty and the fact that CFC and tax rates are the problem of domestic law,” she said.

Lisa Wadlin, US-based head of tax at Netflix, also claimed that the US considers GILTI not to be sufficient – or that it leaves leeway for others to tax income.

Pillar two would impose a 15% tax on multinationals with revenues above €750 million ($747 million) – a “high” threshold from a US perspective, said Wadlin.

The implementation of pillar two would also call into question the effectiveness and role of other tax policies currently in place, such as the CFC regime, she added.

ITR also reported on progress made around pillar two, as discussed at the IFA Congress, in this latest article.

more across site & bottom lb ros

More from across our site

Luxembourg saw the highest increase in tax-to-GDP ratio out of OECD countries in 2023, according to the organisation’s new Revenue Statistics report
Ryan’s VAT practice leader for Europe tells ITR about promoting kindness, playing the violincello and why tax being boring is a ‘ridiculous’ idea
Technology is on the way to relieve tax advisers tired by onerous pillar two preparations, says Russell Gammon of Tax Systems
A high number of granted APAs demonstrates the Italian tax authorities' commitment to resolving TP issues proactively, experts say
Malta risks ceding tax revenues to jurisdictions that adopt the global minimum tax sooner, the IMF said
The UK and what has been dubbed its ‘second empire’ have been found to be responsible for 26% of all countries’ tax losses by the Tax Justice Network
Ireland offers more than just its competitive corporate tax environment but a reduction in the US rate under a Trump administration could affect the country, experts tell ITR
The ‘big four’ firm was originally prohibited from tendering for government work until December 1 due to its tax leaks scandal, but ongoing investigations into the matter have seen the date extended
Approximately 74% of MAP cases in 2023 reached a full resolution, but new transfer pricing MAP cases fell by 16%
Brazil is looking to impose the OECD’s 15% global minimum tax on multinationals; in other news, PwC is set to pull out of Fiji
Gift this article