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Advances in the new international taxation and challenges for Latin America and the Caribbean

May 31, 2022 by Alberto Barreix - Ubaldo Gonzalez de Frutos - Martin Bès - Emilio Pineda - Andrea Riccardi Leave a Comment


In the fourth quarter of 2021, 137 countries reached a ground-breaking agreement on the reform of international aspects of Corporate Income Tax (CIT) within the OECD-coordinated Inclusive Framework (IF) on BEPS (Base Erosion and Profit Shifting). Thirty-one of these are Latin American and Caribbean (LAC) countries, and they are currently working to ensure that the voluntary political agreement translates into international conventions and domestic legislation so that the package can take effect in 2024 as announced recently by OECD in Davos.

The reform is good news for LAC and other developing countries, since it can contribute to increase tax collection from large multinational companies. Preliminary estimates suggest that the impact could exceed $3 billion for LAC per year.

In brief, the reform aims to fulfil two initiatives: the first is to introduce a mechanism for sharing a portion of the profits generated by the largest and most profitable “mega” multinational companies (MNEs), so that they contribute to the tax authorities of the countries where there is a critical mass of users of their services, even if the multinational does not have a permanent establishment there. The second measure is to implement a Global Minimum Tax on corporates so that the accounting profits of multinationals are subject to an effective minimum tax rate of 15%.

These two measures are intended to undo two Gordian knots: (i) the growing degree of digitalization and new business models that provide services and access to user information, which allow companies to have a significant participation in a market without having a physical presence (scale without mass) there and (ii) that it is still possible for companies to reduce their tax liabilities by transferring profits to low-tax countries, which highlights the weaknesses of the current mechanisms (transfer pricing, thin capitalization rules, etc.). In an open and globalized economy, these two problems affect all countries.

Description of Pillars 1 and 2

In essence, Pillar 1 creates a mechanism for distributing the so-called “Amount A”, a fraction (25%) of residual profits, which affects approximately the 100 largest (with a turnover of more than 20 billion euros) and most profitable (more than 10% of profit on sales) multinationals in the world. The administration of the tax would require a single tax return (consolidated balance sheet of the mega MNE) to be filed with the tax authorities of the country where the ultimate parent company is domiciled, and the information would be shared with the other countries.

Each country will have the right to tax the residual profits (Amount A) that correspond to its share of the mega-MNE sales. Amount B focuses on the remuneration of routine marketing and distribution activities carried out in the market jurisdiction by a related party of the MNE; the details of this important aspect are still being defined. Finally, a multilateral convention will regulate the administrative powers of the tax authorities to contribute to legal certainty and dispute prevention.

Pillar 2 seeks to prevent the erosion of the tax base and its transfer to countries with a lower tax burden. Hence if a state does not exercise its right to tax at an adequate level, rules (IIR – Income Inclusion Rule) can be applied to reallocate the taxing rights to another jurisdiction that will tax it. A complementary rule (UTPR – Undertaxed Payments Rule), aimed at preventing the parent companies of MNEs from migrating to tax havens to avoid tax, is to deny deductions by their subsidiaries if the income going to the parent company is taxed at a level below the stipulated minimum.

These Pillar 2 rules, which affect some 8,000 multinationals (their application threshold is lower than Pillar 1) and are collectively referred to as GloBE (Global anti-Base Erosion) rules, introduce a new global minimum income tax for MNEs that should ensure an effective rate of 15% on accounting profit regardless of the jurisdiction in which the income is booked.

New features of the proposal

It is important to acknowledge that is a very innovative proposal. Most notable in Pillar 1 is the generation of an income transfer mechanism which meets the progressive criteria outlined in the United Nations Sustainable Development Goals. Another significant measure is the application of unitary taxation, i. e., the treatment of mega-enterprises as taxable entities, the introduction of a formula to allocate income, the recognition of the user’s contribution to value creation and the resulting right to tax of the market country.

Of note in Pillar 2, is the scope of application. It includes about 8,000 large multinationals (turnover over 750 million euros) that represent 90% of the taxable base of MNEs, excluding pension funds, state-owned companies, and the shipping industry. The most important innovation, acknowledging the weakness of the existing mechanisms, such as transfer pricing and thin capitalization rules, is the transfer of income from low tax countries to other countries with taxation rates over 15%.

Another noteworthy element of Pillar 2 is that it allows the application of a “qualified domestic minimum top-up tax” (QDMT) in the market jurisdictions where MNEs operate in order not to assign taxes to the countries of their parent companies. Finally, not all profits are subject to tax, only the residual accounting profit is subject to tax, exempting from taxation routine income attributable to fixed assets and labor (so-called carve-outs).

Reform challenges

The proposal also poses significant challenges. The first is that Pillar 1 applies exclusively to mega-enterprises but the application of digital service taxes (DST) to any other company is banned by the agreement generating a lack of treatment (deregulation) which contradicts the proposal´s main objectives in tax policy.

A second problem is the volume of Amount A, since the formula excludes routine profits (set at 10% of sales) and, of non-routine profits, 75% is retained by the country where the company is domiciled and distributes 25% to the other markets where the company operates. These percentages are the result of political negotiations and, consequently, debatable, particularly since knowledge mega-enterprises look set to become ever larger in the future and will reside mostly in developed economies, limiting the laudable redistributive function.

Likewise, the CIT becomes more complex with the inclusion, together with the general regime, of several special regimes: mega-enterprises, which are subject to Pillar 1, very large companies, which are subject to Pillar 2, and small and micro-companies, with their simplified regimes. Additionally, due to the combination of the carve-out in Pillar 2 and the QDMT, it is likely that tax incentives will survive.

Complexity will increase the costs of compliance for taxpayers and control for administrations, multiplying the opportunities for avoidance. In addition, the agreed measures will consolidate the divergence between corporate taxation, where territoriality predominates, and personal taxation, where worldwide income prevails.

At an institutional level, credit must be given to the OECD-IF for the technical and political effort invested to achieve consensus in a process for which there are few precedents (learning by doing) in the tax field. However, we know that developing countries need support to develop further their analytical capacities and so achieve a truly effective participation in the development of international standards.

Finally, this new taxation requires a regulatory framework that protects consumer rights, data privacy and the defense of competition, bearing in mind that the knowledge economy has at its core the human-being, and very specifically their privacy and biology.

Impact on tax collection

Various authors have estimated the impact of the reform on revenue. Preliminary estimates suggest that Pillar 1 could yield between $438 and $1,038 million annually for Latin America and the Caribbean, while Pillar 2 revenues appear to be more significant for the region and could reach between $2.1 and $2.25 billion a year.

It should be noted that the calculations are influenced by the absence of data by company and are only available at country level as of 2017 for five jurisdictions. They also do not include the introduction of a general QDMT.

Conclusions and recommendations

After reviewing the Inclusive Framework and Pillar 1, we recommend LAC countries to revise the application threshold and the basis for distribution of the residual benefits that make up Amount A, so that the mechanism has a greater redistributive potential.

We also suggest reconsidering the current ban on implementing the Digital Services Tax on companies with revenues below the agreed thresholds.

For countries, we recommend weighing the desirability of participating in Pillar 1 against less aligned alternatives, such as the Digital Services Tax.

Regarding Pillar 2, our main recommendation is to establish the ¨qualified domestic minimum top-up taxes” (QDMT), to avoid ceding revenue to third jurisdictions due to the establishment of the Global Minimum Tax (GMT). Another policy that will need to be reviewed concerns tax incentives to encourage investment, especially if the QDMT has not been approved by a country. Furthermore, to level the playing field in a jurisdiction, a QDMT could be applied to all firms (over a sales threshold) ensuring a minimum income tax of 15% on accounting profits. In fact, this will help to reduce the negative impact of redundant CIT incentives but does not substitute the need to reevaluate their design.

Electronic Invoicing for Cross-border Transactions

To facilitate this process of transparency and tax control, we propose electronic invoicing for all cross-border transactions of goods, services, intangibles and financing, and promoting the exchange of information between all jurisdictions involved in the ultimate beneficial ownership and country-by-country reporting by large multinational firms. At the same time, successful management of the reform requires a review and modernization of the international aspects of tax administration.

In addition, we consider that international cooperation and the institutional framework supporting it need to be strengthened to deal with the asymmetries between countries in policymaking, and implementation. This will enhance the important progress achieved to date.  

All the countries in the region will have to analyze their international tax policies and determine whether to sign up to the new international consensus or to continue with autonomous tax policies, running the risk of undermining their international trade and financial integration. We wish to emphasize our commitment to our member countries, and we are ready to support them in the analysis and implementation of adjustments to their tax policies.

This blog is based on the publication (in Spanish) New International Corporate Taxation. Challenges, Alternatives and Recommendations for Latin America and the Caribbean.

Other related articles:

Opportunity: The use of electronic invoicing in international trade

The tributary pillars of the earth

International taxation in Latin America and the Caribbean: Results of a qualitative survey

Get to know the Digital VAT Toolkit for Latin America and the Caribbean.


Filed Under: Taxes Tagged With: digital tax management, tax administration

Alberto Barreix

Alberto Barreix is a fiscal consultant for CIAT and the IDB, where he was the Fiscal Principal Leader. At the IDB, he led technical assistance in fiscal reforms in Latin America and the Caribbean. He has been a lecturer and researcher at the Schools of Government and Law, and a consultant in Asian countries at Harvard University, where he obtained a PhD, a master's degree in public administration, and another in international taxation. His contributions include co-authoring the semi-dual income tax, the personalized VAT (IVA P), and the equivalent fiscal pressure.

Ubaldo Gonzalez de Frutos

Ubaldo Gonzalez de Frutos is a Sector Lead Specialist in Tax Administration at the IDB Headquarters in Washington D.C., with international taxation and modernization of the tax administration as his main interests. He has held various responsibilities in the Spanish Tax Agency, including the territorial Federal Tax Service Inspectorate, the Office of the General Director, the National Office of Tax Management, the Department of Financial and Tax Inspection and the Central Delegation of Large Taxpayers. The other part of his career has taken him to international positions, first as a financial advisor at the Embassy of Spain in the United States (2003-2008), then as an expert at the Center for Tax Policy and Administration of the OECD (2010-2018), and currently at the Inter-American Development Bank. He has published research papers on the relation between taxation and development, in particular the mobilization of national resources. Other areas of research are corporate tax liability, technology applied to the tax administration and the future of Corporate Tax. Ubaldo González holds a PhD in Law and a degree in Philology from the Complutense University of Madrid and a member of the Higher Body of Tax Inspectors. He has taught numerous seminars and conferences around the world. It is an extraordinary doctorate prize, a prize from the Royal Academy of Doctors of Spain, and a research prize from the Center for Financial Studies.

Martin Bès

Mr. Bès joined the IDB in 1993 as a country economist and worked on Bank-financed fiscal reform projects between 1994 and 2000. He served as Alternate Executive Director for Argentina and Haiti at the Boards of the IDB and the IIC between 2000 and 2012. Between 2014 and 2019, as Special Advisor at the Office of the Presidency, he led the IDB Group’s reform of Non-Sovereign Guaranteed operations, special projects and focused on group-wide coordination issues. He was the IDB Group’s Secretary between November 2019 and March 2021 and worked on tax policy and corporate issues until his retirement in March 2024. Before joining the Bank, Mr. Bès worked in economic and financial planning at the Argentine affiliate of Bunge Corporation, a global agribusiness firm. He worked as a consultant in several multilateral institutions in the areas of organizational design, strategic planning and fiscal studies between 2012 and 2014. Mr. Bès obtained a Master’s degree in International Public Policy from the School of Advanced International Studies of Johns Hopkins University and in Economics from the Pontifícia Universidade Católica do Rio de Janeiro. His undergraduate degree is in Economics from the University of Buenos Aires.

Emilio Pineda

Emilio Pineda serves as Chief of the Fiscal Management Division at the Inter-American Development Bank (IDB) since September 2019. A Mexican citizen, he has a PhD in Political Economy at the University of Columbia, and a bachelor's degree from the Instituto Tecnológico Autónomo de México (ITAM). Between 2003 and 2008 he worked as an economist in the Western Hemisphere Department at the International Monetary Fund (IMF), where he was responsible for conducting monetary, fiscal, and debt analysis for the Caribbean. Between May 2008 and June 2012, he worked at the Secretary of Finance in Mexico, where, among others, he was responsible for the monitoring and regulation of subnational debt, the accounting harmonization of states and municipalities, and the tax regime of public enterprises including the Mexican state-owned petroleum company, PEMEX. Between 2012 and 2019, he was a Principal Fiscal Specialist of the Fiscal Management Division at the IDB, where he led programs to strengthen subnational fiscal management in Brazil, Argentina and Uruguay. He has published numerous articles in the field of decentralization, subnational taxation, subnational debt and state-owned enterprises.

Andrea Riccardi

Andrea Laura Riccardi Sacchi holds a PhD degree from the Faculty of Law of the University of Valencia, Spain. She is a Public Accountant with an MBA and a Master’s Degree in International Taxation. With almost 20 years of experience in the tax area, she has worked within both, the private and the public sector. She started her career in 2003 at PWC Uruguay where she worked at the Tax & Legal Services Department for eight years. Afterwards, she was Tax and Accounting Content Manager at Thomson Reuters-La Ley Uruguay, and in 2012 she joined the Uruguayan Tax Administration, within the Ministry of Finance, where she has been tax advisor to the General Directorate. Moreover, since 2017 she has been an external consultant to the Inter-American Development Bank, working on different tax projects. As of 2019 she is a member of the Board of the Uruguayan Tax Studies Institute, and based on her previous teaching experience, she has recently joined the Universidad Católica del Uruguay as a Professor in International Taxation at the Master´s Taxation Programme. She has participated in national and international academic events and she is the author of several publications on tax matters. She has recently published her book “A Global Solution to Corporate Income Taxation: The Revitalization of Source” (Tirant Lo Blanch, Spain). She is alumni of the Japan International Cooperation Agency, the Malaysian Technical Cooperation Program, the Spanish International Cooperation Agency for Development and the Max Planck Institute for Tax Law and Public Finances. As part of her doctoral studies, she was also a visiting researcher at the International Bureau of Fiscal Documentation in Amsterdam. She speaks Spanish and English and has a good command of Italian and a fair command of French.

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