Article: Uncertainties Hold Back Achievement of OECD Pillar II Goals

The Organization for Economic Cooperation and Development (OECD) Pillar 2 that was designed to levy a minimum tax on multinationals in all of the countries in which they operate still has many areas of uncertainty. These include issues from the more general uncertainties concerning the politics, including the apparent desire not to adopt a multilateral convention for its implementation to the technical ones that revolve around the complexity of the rules for calculating the effective tax rate (ETR) (which also increases compliance costs), with the risk of jeopardizing the Pillar 2 project’s objectives of simplicity and uniformity. Moreover, the Biden Administration’s unequivocal support for Pillar 2 has not translated into action in the US Congress, and any administrative steps the United States intending to undertake the implementation of Pillar 2 (in lieu of action in Congress) are also not evidenced. Pillar, Base erosion, Treaty, Multilateral convention, Effective tax Rate, Covered taxes, CFC, GILTI, BEAT, Minimum tax, anti-avoidance, Inclusive Framework, aggressive tax planning, GloBE, Substance carve-out, Incentives, Top-Up-Tax, UTPR, STTR