The most important industrialized and developing economies say Apple, Google and others in the fight. The industrialized countries-organization OECD presented after two years of work the first measures to curb tax tricks multinational corporations.
However, experts doubt that the proposals of tax evasion actually a be ready end. According to the EU Commission alone the EU countries escape annually through legal and illegal tax practices revenue of one billion euros.
Especially American IT companies manages to push through Tricks tax payments to near zero by herverschieben profits and activities between Hochsteuer- in low tax countries, using international non-coordinated control rules back and forth.
tax rate at a measly two percent
So 2011 had reported the European headquarters of Amazon according to Reuters research in Luxembourg a turnover of 9.1 billion euros, but only a taxable gain of 29 million euros. Apple, Google or Starbucks had made similar headlines. Your tax rate on foreign profits was partly at only two percent.
The finance ministers of the 20 major developed and developing countries (G20) had the OECD therefore in 2012 to develop a comprehensive 15-point action plan (BEPS) asked. Its goal is that multinational corporations where they do business, even adequately pay taxes.
The first seven points laid the OECD before now, the remaining eight follow 2015 “See the G20 in aggressive tax planning is a serious risk to tax revenue for the sovereignty and fair tax systems worldwide,” said OECD Secretary-General Angel Gurría. The recommendations looks Gurría as “the basis for an internationally coordinated response to the control optimization of multinational companies.”
tricks with the prices for intercompany services
The OECD proposes four concrete actions – implemented worldwide – many use today Conning would withdraw basis. So there should be uniform rules for so-called hybrid financial instruments. Come on is thus the problem that affiliates make in some countries, for example, payments to their headquarters as interest is tax deductible, but get them in the country of the parent company as a tax-free dividend.
In extreme cases, this causes a double non-taxation of income. In addition, there should be minimum standards for the applicability of double taxation agreements to ensure they are not abused. Also, corporations are for the tax can not expect poor by face mother and daughters arbitrary prices for their company services invoiced.
Finally, to corporations continue to inform the tax authorities of how much tax they pay in the country.
The whole package will be packed with the legal loopholes should be by the end of 2015. This includes, among other things, the taxation global Internet giants with different business models. Here it is increasingly difficult to clarify which country are a business and thus allocate profits and taxes. Special rules for “digital products” rejects the OECD from: “Isolated solutions have no sense.” Also to be avoided, that companies are not taxed by exploiting different rules.
Industry believes that the shot backfires
Especially German Finance Minister Wolfgang Schäuble (CDU) had used internationally for tougher tax rules – much to the surprise of the local economy. Such is the chief executive of the Federation of German Industries (BDI), Markus Kerber, “for the tax authorities in Germany rather the risk of continuing to play less in taxes than the chance of getting more benefits in tax competition.”
China and India wanted a bigger slice of the global tax pie. If in the future as planned about taxes incurred where companies are used, which could mean that German companies are increasingly taxed in the emerging markets.
Even lawyers firms see the plans skeptical. “I have concerns that are being eroded by BEPS existing double taxation treaties and double taxation comes back for more,” says Asmus Mihm, tax law expert at the law firm Allan & amp; Overy. BEPS threaten the bureaucracy and thus increase costs for businesses.
In addition, Mihm fears that the action plan would be greatly crushed between the various interests. “In the end we will agree on a lowest common denominator. And then there are the emerging economies which will also have their own interests.” Therefore, companies would have more opportunities to optimize their tax burden.
“I do not need to pay by BEPS large U.S. corporations at the end considerably more taxes . The non-taxation of foreign profits represents a competitive advantage, to which the United States will hardly do without, “says Mihm.
Schäuble necessary to national single-handedly willing
From ranks of the opposition, there is criticism:” The proposals of the OECD go to the core of the problem by We need a paradigm shift. harmonization rather than differentiation of tax rates, “the tax law expert of the Greens said in the Bundestag, Thomas Gambke.
Without an adjustment of the tax rates you will not get the problem of tax avoidance in the handle. Similarly, the OECD missed to introduce a mediation mechanism for tax disputes. Companies are sometimes faced with years of legal proceedings, in which country they should pay taxes. “The OECD has a great opportunity missed,” says Gambke.
At issue are within the OECD also standardized specifications in global competition by so-called so-called patent boxes, at which income from licenses are minimally taxed, without in the country actually done research and development. Such “license” or patent-boxes “have increased in the EU, despite the commitments to the fight against tax loopholes. Germany does not have such” patent box “. This country, the taxable corporate profits are charged with around 30 percent.
Finance Minister Schäuble has already made it clear that it is necessary, ready for a national single-handedly, if there is no progress in this area. Speaking is a reduced tax rate of 10 or 15 percent .. Yet this should not be a tax shelter for corporations, so Schäuble
The opposition fears just that: “The planned Schäuble introduction of patent boxes is a slap face in the fight against tax avoidance. The introduction of a patent box I create exactly the instrument that companies want to control design “, criticized Gambke.
Finance ministers from the G20 countries want the OECD -proposals goodbye at a weekend meeting in Cairns, Australia. Would all agree in the G20 and the OECD countries included in the Action Plan to ensure that new standards in the 90 percent of global gross domestic product (GDP) would be placed in an area that will be generated.
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