US trying to be very clever on Corporate Tax deal, India and China Smarter

US Secretary of the Treasury Janet Yellen attends a G7 finance leaders meeting in Italy on May 24

US Treasury Secretary Janet Yellen, thinking of herself as a financial wizard has accused India of refusing to engage on issues pertaining to global Corporate tax which important to US interests.

Yellen said on the sidelines of a G7 finance leaders meeting in Italy that China also has been “all but absent” in the negotiations to finalise “Pillar 1” of the OECD corporate tax deal reached in principle in 2021 that involves 140 countries.

Earlier on Friday, Italian Finance Minister Giancarlo Giorgetti told reporters that the Pillar 1 negotiations were set to fail, citing objections from the US, India and China.

The Pillar 1 negotiations are mainly aimed at reallocating the taxing right on US-based digital giants, allowing about US$200 billion of corporate profits to be taxed in the countries where the companies do business.

A second pillar of the tax deal, the 15 per cent global minimum tax on corporate profits is separately being implemented by many countries, but the US Congress has not ratified it.

Yellen said there are two “red line” issues for the US in the talks, related to transfer pricing and the “Amount B” system for simplifying the calculation of transfer pricing.

While most countries support the US position on these issues, “we have a problem with India. India will not engage with us,” she said.

A collapse of the Pillar 1 negotiations could prompt the return of digital services taxes in some countries and reignite potential trade tensions.

Before the 2021 initial deal, US trade authorities had threatened 25 per cent tariffs on more than US$2 billion worth of imports from Italy, Austria, Britain, France, Spain and Turkey, from cosmetics to handbags. These were put on hold after the countries agreed to suspend their digital taxes while details of the arrangement were worked out.

Italy wants to negotiate an agreement with Washington that would stop these tariffs, which are temporarily frozen until June, while also keeping its levy in place, an Italian official said on Friday.

The problem with Yellen and her ilk is that they think that they are the colonial inheritors of that Great Britain which in spite of looting 45 trillion pounds from India alone over a period of 150 years, is now itself In shambles. She threatened European Union and got away with it and so thinks that She will make both China and India fall in line.

She says that USA has a RED LINE, then even India has a TRICOLOUR LINE and so does China has a YELLOW LINE. The two countries are no less than USA in anyway and will soon surpass it. Therefore what is to be done for global taxes or not to be done will be decided by China and India with USA and others putting up their proposals for consideration. It cannot happen that Multinationals make huge profits from India and China and don’t pay Corporate tax to the host countries.

So India now advocates increasing the share of taxes multinational companies pay to countries where they generate “excess profits.” This proposal, might potentially dampen the hopes of G20 members like Australia and Japan, who were optimistic about making advancements in the global corporate tax reform during the finance ministers and central bankers meeting in Gujarat.

The objective behind India’s proposal is to address the issue of multinational corporations (MNCs) minimizing their tax liabilities by shifting profits to countries with lower tax rates. By suggesting an increase in the share of taxes paid by MNCs in the countries where they earn substantial profits, India aims to rectify the existing imbalance and ensure a fair distribution of tax revenue.

The international tax reform deal was reached in 2021 and aimed to revamp the outdated rules governing the taxation of multinational companies. Over 140 countries agreed to implement the deal, which is scheduled to begin in the coming year.

One of the key aspects of the agreement, advocated by the United States, is the introduction of a minimum tax rate of 15 percent on large multinational corporations. This provision aims to prevent companies from taking advantage of low-tax jurisdictions to minimize their tax obligations. In addition to the minimum tax rate, the USA deal also includes a proposal for an additional 25 percent tax on “excess profits” as defined by the Organisation for Economic Cooperation and Development (OECD). So far so good.

However USA wants that the notion of “excess profits” which typically refers to profits that exceed a certain threshold deemed reasonable or justifiable, be determined by the OECD, by defining the criteria and determining how “excess profits” be identified and taxed.

The agreement is primarily designed to address the challenges posed by the digital economy, where multinational tech giants like Apple and Amazon can generate significant profits in countries with low tax rates while not having a substantial physical presence there. By implementing a minimum tax rate and taxing excess profits, the deal aims to create a fairer and more transparent international tax framework.

However, it is important to note that the implementation and details of the agreement may vary among countries, and there may be further developments and negotiations before the deal is fully enacted. The successful implementation of this tax reform would represent a significant step toward a more equitable global tax system for multinational corporations.

The multilateral treaty underpinning a significant element of the international tax reform plan has faced concerns from several countries, raising the possibility of the overhaul collapsing. Some countries have reservations about certain aspects of the agreement and its implications for their tax systems. This has created a challenging environment for the implementation of the plan.

India has reportedly made suggestions to the Organisation for Economic Cooperation and Development (OECD) regarding its desire to receive a fair share of taxing rights on excess profits earned by multinational companies. These suggestions will be extensively discussed during the G20 meeting taking place on July 17-18. The specific details of India’s suggestions have not been disclosed in the information provided.

It is worth noting that the success of the international tax reform plan depends on reaching a consensus among the participating countries. If concerns from various nations are not adequately addressed, the reform may face significant obstacles or even collapse.

The discussions during the G20 meeting will likely play a crucial role in determining the future direction of the plan and whether any modifications or compromises can be made to accommodate the concerns raised by different countries.

According to three unnamed officials, India is seeking substantial increases in the taxes paid by multinational companies in the countries where they conduct their business. However, the officials did not provide specific details on the exact extent of the tax increases India is proposing.

The outcome of ongoing discussions, both with the OECD and during the G20 meeting, will likely shape the direction of any potential changes to the international tax framework. It remains to be seen how the negotiations progress and whether any consensus can be reached among the participating countries.

The international tax reform agreement stipulates that global corporations with annual revenues exceeding 20 billion euros ($22 billion) would be deemed to earn excess profits if their profits exceed a growth rate of 10 percent annually. A 25 percent surcharge would then be imposed on these excess profits, and the revenue generated from this surcharge would be divided among the countries involved.

In the context of India’s push for a higher share of taxes for the markets where companies operate, it is worth considering India’s status as the world’s most populous country and its potential to become one of the largest consumer markets. According to a survey by the People’s Research on India’s Consumer Economy, it is projected that the average income of Indian individuals will grow more than 13-fold to reach $27,000 by the end of 2047.

This growth in income suggests the increasing significance of India as a consumer-driven economy and highlights the country’s aspirations to ensure that it receives a fair share of taxes from multinational companies operating within its market.

It is important to note that the information provided about India’s average income growth is based on a survey and projections. Economic and demographic factors can influence such estimates, and actual outcomes may vary. However, the overall intention is to emphasize India’s growing economic importance and its desire to secure an equitable distribution of taxes from multinational corporations.

India, as the host nation of the G20 meeting, intends to propose the separation of withholding taxation from the principle of excess profit tax. Currently, the rules require countries to offset their tax share with the withholding tax they collect.

Withholding tax is collected by companies when making payments to vendors and employees, and it is then remitted to the respective tax authorities.

In a document released on July 13, the OECD acknowledged that a few jurisdictions have raised concerns about the allocation of taxing rights among countries. The OECD stated that efforts are underway to address these concerns and to expedite the preparation of the Multilateral Convention for signature.

India will put forth a proposal during the G20 meeting to decouple withholding taxation from the excess profit tax principle. This comes in response to concerns raised by certain jurisdictions regarding the allocation of taxing rights.