Digital services tax

Arm's Length, DEBRA, Deduction, Digital services tax, Intertax, Pillar II, Tax Theory, Unitary Taxation

(General Editor of Intertax)/ /Leave a comment

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Stefan Greil, Michael Overesch, Anna Rohlfing-Bastian, Ulrich Schreiber & Caren Sureth-Sloane, Towards an Amended Arm’s Length Principle: Tackling Complexity and Implementing Destination Rules in Transfer Pricing The arm’s length principle (ALP) is the…

Digital services tax, DST, EU, EU law

(University of Amsterdam - Loyens & Loeff)/ /3 Comments

Introduction The growing uncertainties about Pillar One’s success, coupled with the recent EU Council’s mandate to the Commission to submit an EU legislative proposal in case Pillar One fails, have reignited the debate on whether Digital Service Taxes (DSTs) are a possible and suitable solution to address the challenges raised by the digitalization of the…

Digital services tax, Intertax, Spain

(Universidad Carlos III de Madrid)/ /Leave a comment

(Forthcoming: Intertax, vol. 49, 2021, issue 6/7) The Spanish digital services tax (hereinafter DST)[1] came into force 16 January 2021 replicating the European draft directive except for some minor deviations. In essence, it applies a 3% tax on the revenues obtained by taxpayers as a result of the supply of certain digital services to users…

ADS, Digital services tax, OECD, Pillar I, Transfer Pricing, United Nations

(Tax Policy Center of the University of Lausanne, Switzerland) and (University of Lausanne)/ /Leave a comment

1. Background During the 21st Session of the UN Committee of Experts on International Cooperation in Tax Matters, the relevant members decided to include a new draft – Art. 12B on Automated Digital Services (ADS) as well as its Commentary – in the UN Model.[1] Concerning the agenda of the proposal, the Committee of Experts…

Digital platforms, Digital services tax, Double Taxation, MNE Profits, OECD, Pillar I, Tax Treaties, United Nations

(Professor Maastricht University and (co)owner Cygnus Tax BV, Apertas BV and Herreveld van den Hurk BV (i.o.))/ /Leave a comment

There’s something about OECD’s Pillar One. For some years now, the world has been under the spell of a new system of taxation of companies that make profits in countries without taking root there in any way. They often operate via internet platforms, which means that the profits that are generated elsewhere cannot be taxed…

Digital services tax, Equalization levy, India, United States

, (BMR Legal)/ /1 Comment

Introduction One of the key reasons highlighted by OECD imploring the urgent need for consensus on digital tax under its Inclusive Framework were the repercussions arising on account of unilateral digital taxes. Recent reports released by the United States Trade Representative (‘USTR’) reveal that such concerns are real and carry ominous ramifications. A case in…

BEPS, Digital services tax, International Tax Law

(Bomchil)/ /2 Comments

The OECD’s BEPS 2.0 project is currently navigating turbulent waters partly because of the unexpected Covid19 crisis and its impact on state budgets and the need for additional revenues, and partly because of internal tensions and conflicts within OECD dominant group of industrialized countries, the 140-member-state inclusive framework, and the business community. Disagreements include (but…

BEPS, Digital services tax, Pillar I, Withholding Taxes

(Texas A&M University Law)/ /Leave a comment

Since 2013 the OECD has worked on forging a grand coalition (now 136 countries) it calls the “Inclusive Framework” around adopting the outcomes of the OECD’s Base Erosion and Profit Shifting (BEPS) project of 15 reports.  In 2005, ten years before the BEPS reports, the OECD published E-commerce: Transfer Pricing and Business Profits Taxation to…

Digital services tax, Spain

(IEB)/ /Leave a comment

The Spanish government approved, on 18 February 2020, a bill for a digital service tax (DST) for discussion by the parliament[1]. The current government has a majority consensus on the new tax with the rest of the political parties, and it is, therefore, very likely to pass the bill. Background: EU Proposal The Spanish Digital…

BEPS, Digital services tax, Digitalization, Transfer Pricing

(Texas A&M University Law)/ /Leave a comment

We applaud the OECD’s 15–year effort since its 2005 publication of E-commerce: Transfer Pricing and Business Profits Taxation to address the challenges arising from the digitalization of multinational enterprises’ business models and the evolution of cross-border ecommerce. We support the 6 November 2019 comments of Dr. Lorraine Eden, our colleague, and Dr. Oliver Treidler, that…

Digital services tax, Turkey

(EY)/ /Leave a comment

The digital economy is faced with major challenges for the international tax system since the traditional tax rules seem to be insufficiently well designed to govern new ways of conducting businesses and unsuitable for accurately detecting and allocating the value created from digitalised business models.[1] This situation has triggered a political and academic discussion about…

BEPS, Digital services tax, Digitalization, OECD, Permanent Establishments, Transfer Pricing

(Texas A&M University Law)/ /Leave a comment

In my International Taxation class tomorrow (October 10th) we are going to discuss the  OECD’s “Unified Approach” released a day earlier on October 9, 2019.  Given the keen interest generated by digital taxation and the allocation of profits/losses generated therefrom, I thought it of interest to the Kluwer International Tax readers that I share my…

Digital services tax, EU/EEA, India, OECD, Tax Policy

(Trinity College Dublin)/ /3 Comments

Taxation of the digital economy is one of the more difficult and contentious issues in international taxation. There are several strands to this complexity. One strand is profit attribution for enterprises trading across different tax jurisdictions. Yet, several countries have introduced or propose to introduce a tax on MNEs in the digital sector known as…