BEPS Project and International Tax Reform: The 2021 Agreements on Taxing Multinational Companies.

Abstract

The globalization of commercial exchanges and capital movements reveal new ways of obtaining value in economic activities, and the differences in the tax burden of companies, depending on where they reside, have become threats for countries to exercise the right to tax business profits generated in its jurisdiction. This problem, together with tax competition between countries, causes a transfer of tax bases towards countries with lower tax rates and tax havens. The lack of agreement in the international community on how to find a solution to the problems has caused several countries to choose to establish special taxes for certain activities of multinational companies in their jurisdictions, resulting in inefficient taxes. This paper analyzes the agreement reached in October 2021 in the G20 and in the OECD in which measures are adopted within the BEPS project to prevent the erosion of tax bases in market jurisdictions promoted by multinational companies. After studying different aspects, we found fundamental reasons for not having an optimistic view on the effective solution to the problems above: unrealistic forecasts on the amount of the new estimated tax bases for Pillar 1 and the high administration and compliance costs. In conclusion, it is not foreseeable that the tax bases derived from the provision of digital services will suffer a territorial redistribution. We do not expect that a minimum tax rate of 15% in corporate tax will be carried out effectively or that the benefits that are transferred to tax havens will be significantly reduced.