Q4/2019 - OECD, Public Consultation, October – November 2019
Proposal for a “Unified Approach” to Digital Tax, Paris, 9 October 2019
On 9 October 2019, the OECD published a proposal that was designed to give impetus to the international negotiations on the taxation of highly digitalised multinational enterprise (MNE) groups with high profitability. The aim behind it is to achieve that enterprise can be taxed in the future at the place where they do business and create added value. The OECD’s proposal comprises elements of three earlier competing proposals and is based on the current work of the OECD and G20 about base erosion and profit shifting within the scope of the BEPS Inclusive Framework. 134 countries and jurisdictions are negotiating on an equal footing the reform of international taxation rules with the aim to adapt them to the requirements of the 21st century. The OECD proposal is now open for public consultation. According to this proposal, the allocation of profit and the corresponding taxation rights must be changed, so that multinational enterprises are taxed in the country where they create revenue – even if they are not physically present in that place. It requests rules that determine where taxes are to be paid (nexus rule) and which share of the profit is to be taxed (profit allocation rule). OECD Secretary-General Angel Gurría warned that the risk of independent national and regional solutions would grow considerably if no agreement was reached by the end of 2020; this in turn would have a negative effect on the global digital economy.