OECD Introduces Multilateral Treaty to Address Digital Services Taxes

October 12, 2023

The Organisation for Economic Cooperation and Development (OECD) recently published a multilateral treaty on Wednesday. This treaty has the potential to replace a patchwork of national digital services taxes if it gains sufficient support from countries. The treaty release comes as a significant development in the ongoing efforts to reform the cross-border taxation of multinational corporations. This marks the first pillar of a two-pillar overhaul of international taxation rules, which was collectively agreed upon by nearly 140 countries in 2021. However, the implementation of these reforms has proven to be a complex and time-consuming process.

Challenges in the United States

The publication of this treaty text is putting pressure on the United States in particular. To ratify international treaties, a two-thirds majority in the divided Senate is required. The deeply divided nature of the Senate makes it challenging to secure this majority. Consequently, the fate of this treaty hinges on the intricacies of U.S. politics.

Fragmented Global Taxation

Many nations have expressed concerns about the existing fragmented global tax system. They argue that this system allows multinational corporations, particularly prominent U.S. tech companies, to pay minimal taxes in regions where they generate substantial revenues. As a result, some countries have taken matters into their own hands by introducing their own digital taxes, despite opposition from the United States.

Treaty’s Focus and Impact

The new treaty codifies how governments will reallocate taxing rights on approximately $200 billion in profits generated by the largest and most profitable multinational companies. These rights will be shifted to the countries where these companies make their sales. This significant change is a response to the need for a fairer distribution of tax revenue.

Global Tax Revenue Projection

The OECD, headquartered in Paris, estimates that the reallocation of taxing rights under this treaty will result in additional global tax revenue ranging from $17 billion to $32 billion. These proceeds are expected to have the most significant impact on low and middle-income countries, providing them with a much-needed boost in their tax revenues. This treaty aims to address the challenges of international taxation in an era where multinational companies operate across borders, ensuring a more equitable distribution of tax payments.

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