Multinational firms, intellectual property and corporate income taxes

Similar documents
A Hybrid Approach: The Treatment of Foreign Profits under the Tax Cuts and Jobs Act

Analysis of Intellectual Property Tax Planning Strategies of Multinationals and the Impact of the BEPS Project

The OECD s 3 Major Tax Initiatives

IP BOX TAX REGIMES. Rod Donnelly Thursday, September 14, 2017

Guidance on Transfer Pricing Documentation and Country-by-Country Reporting

THE KNOWLEDGE DEVELOPMENT BOX Public Consultation JANUARY 2015

Corporate Taxation. 131 Undergraduate Public Economics Emmanuel Saez UC Berkeley

Trends I Netherlands moves away from fiscal offshore industry

A new design for the corporate income tax?

Corporate taxes and the location of intellectual property

WELCOME TO OUR WEBINAR

11th Meeting of the Advisory Expert Group on National Accounts, 5-7 December 2017, New York, USA

Intellectual Property Box Regimes

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

a) Title of proposal Proposal for a Council Directive amending Council Regulation (EU) 2016/1164 as regards hybrid mismatches with third countries

US Outbound Investment

To sum up, taking the above into consideration, one could say that it seems that in the future MNC will have difficulties in adopting techniques to

Fair taxation of the digital economy

THE INTERSECTION OF TAX & TREASURY

Taxes and the co-location of intangibles and tangibles

1: Challenges for Australia s tax system

Overview of OECD Action Plan on Base Erosion and Profit Shifting (BEPS)

BEPS: What does it mean for funds and asset managers?

Navigating BEPS: Keeping track of the tax changes for internationally mobile employees

Moving to a (Properly Designed) Territorial System of Taxation Will Make America s Tax System Internationally Competitive

1. New decree on transfer-pricing documentation requirements

TRANSNATIONAL TAX NETWORK 2015 HONG KONG CONFERENCE. Hong Kong 9 February David Russell QC Outer Temple Chambers London and Dubai

Transfer Pricing. General Department of Taxation. Presented by: Mr.Traing Lay Mr. Chea Chantra. 18 January 2018

Presentation by Shigeto HIKI

Taxation & the Digital Economy

Author: Natrada Ruangwuttitikul

INTERNATIONAL TAX STRUCTURING FOR INVESTING ADROAD INTERNATIONAL TAX CONFERENCE

EUROPEAN COMMISSION PRESENTS ANTI-TAX AVOIDANCE PACKAGE

Tax Cuts & Jobs Act: The Road to Reform Reform Results of Reform

BEPS Impact on Manufacturing

Analysis of New Law UK CORPORATE TAX REFORM. Nikol Davies *

U.S. Tax Legislation Corporate and International Provisions. Corporate Law Provisions

The International Tax Landscape

International Tax. Environments. Chapter Outline. Tax Neutrality INTERNATIONAL INTERNATIONAL FINANCIAL MANAGEMENT FINANCIAL MANAGEMENT

A Guide To Changes In Irish Tax Rules

ASOS plc Group Tax Strategy

BUSINESS IN THE UK A ROUTE MAP

OECD s Base Erosion and Profit Shifting (BEPS) initiative and the Global Tax Reset 2018 Survey summary results

Tax Strategy for The Bahamas as an IFC 2 March 2018

The Innovation Promotion Act of 2015: Not the New Ireland

Korean Tax Update BEPS Implementation

IMPACT OF TAX ON M&A. Simon Fletcher 14 October 2016

Transfer pricing of intangibles

The Anti Tax Avoidance Package Questions and Answers (Updated)

Australian Investment Guarantee

International Royalty Flows and Research and Development Responses to IP Box Regimes

Corporate tax and the digital economy Response by the Chartered Institute of Taxation

MULTINATIONAL BUSINESS RESTRUCTURING: ARE TAX AUTHORITIES TRYING TO HOLD BACK THE TIDE? JULIE HARRISON, CHRISTINA STRINGER, AND JASNEET SINGH *

Fortum as a tax payer 2017

Institute of Certified Public Accountants Transfer Pricing Workshop

Future of tax in a digital economy: Are you prepared? The Dbriefs International Tax series

Proposal for amending the Parent-Subsidiary Directive: European Commission is waging war against double non-taxation

wts study Global WTS PE Study A high-level overview of most discussed PE issues in EU, OECD and BRICS countries

Global Tax Justice - Key Actors and Key Aims

BEPS AND BEYOND BEPS: A BRAVE NEW WORLD IN INTELLECTUAL PROPERTY TAXATION?

Traditionally, Switzerland is very popular as a business location for multinational

concerning the perceived abuse of commissionaire structures

OECD Publishes Guidance on Transfer Pricing Documentation and Country-by-Country Reporting

B.E.P.S. ACTION 4: LIMIT BASE EROSION VIA INTEREST PAYMENTS AND OTHER FINANCIAL PAYMENTS

Why invest in Ireland? At a glance

Guidance on Transfer Pricing Documentation and Country-by-Country Reporting

Q&A ON THE INTERGOVERNMENTAL TAX BODY

International tax changes may have a major impact on multinational tech companies

Improving the general anti-avoidance regime ( Part IVA ) in response to base erosion and profit shifting ( BEPS )

Information Sheet No. 66. The New Intellectual Property (IP) Tax Regime in Cyprus

How the Border Adjustment Helps Fix Business Taxation in the United States

Corporate taxes and intellectual property

Richest 1% to own more than half world's wealth by Oxfam

Bangkok. Well first of all I d like to personally recognise the work that Dr Akhtar has done to pursue the inclusive prosperity agenda for ESCAP.

Turkish Perspective on OECD Action Plan on Base Erosion and Profit Shifting

A global guide to business relocation

Revenue Arrangements for Implementing EU and OECD Exchange of Information Requirements In Respect of Tax Rulings

Intra-Group Services & Intangibles

To what extent does Cyprus still present advantages in international tax planning? The Switzerland EC savings tax agreement: a positive result?

Is it time for your country to consider the "patent box"?

REQUEST FOR INPUT ON WORK REGARDING THE TAX CHALLENGES OF THE DIGITALISED ECONOMY

Transfer Pricing. Prof. S. David Young

IBFD Course Programme Principles of Transfer Pricing

Challenges of the U.S. and Mexico tax systems with regards to the cross-border digital economy. Dra. Lillian Sumi Imaoka

The Anti Tax Avoidance Package Questions and Answers

IRELAND GLOBAL GUIDE TO M&A TAX: 2017 EDITION

OECD releases final BEPS package

Dividend Imputation and BEPS. (Estelle) Xuerui Li & Alfred Tran

Citation for published version (APA): du Toit, C. P. (1999). Beneficial Ownership of Royalties in Bilateral Tax Treaties Amsterdam: IBFD

Tackling Tax Evasion, Avoidance and Havens.

BEPS Action Plan Item 13: The New Documentation Standard and Implications for the Financial Services Industry

Apple Tax Case and the Implications for Ireland

Performing a BEPS Diagnostic The CbC Report as a Tool for Taxpayers. by Astrid Pieron, Lewis Greenwald, and Lucas Giardelli

WHY TRANSFER PRICING? OR How Did We Get Here From There?

The OECD report on base erosion and profit shifting (BEPS) and EU measures against aggressive tax planning and tax fraud

Avoidance of Double Taxation Based on OECD Agreements: Analyze of the Albanian-Italian model

Transfer Pricing and State Aid in the EU : an OECD Perspective. IFA-YIN Conference

e600 Billion and Counting: Why High-Tax Countries Let Tax Havens Flourish

G8/G20 TAXATION ISSUES : Tax Training Day, ODI, London 16 September 2013

Standing in the Eye of the Tax Storm

Transcription:

Multinational firms, intellectual property and corporate income taxes Rachel Griffith Institute for Fiscal Studies and University of Manchester Australian Treasury, June 2014

Public concern that corporations aren t paying a fair share of tax The media in the US and UK has called for companies to pay more tax and has reported heavily on the strategies that companies employee to avoid tax Bloomberg The Great Corporate Tax Dodge The New York Times But Nobody Pays That (for which the author received the Pulitzer prize) The Times Secrets of Tax Avoiders The Guardian Tax Gap

In 2012 Starbucks became a target for public protests

Starbucks tax bill in the UK Starbucks had paid very little corporate income tax since it entered the UK market in 1998 Starbucks declared zero profits (and therefore zero tax payments) in most years in the UK

It s not just Starbucks

Base Erosion and Profit Shifting (BEPS) Increasingly cross border nature of economic activity creates opportunities for tax avoidance Some firms use the rules to avoid corporate income taxes Apple has an Irish subsidiary, no employees (until last year) this subsidiary has rights to Apple s intellectual property outside of the US it receives 60% of Apple s worldwide sales outside the US Ireland s tax rules means that that the firms should be taxed in the US The US tax rules mean that the firm should be taxed in Ireland So the firm is not taxed (on approx $ 10bn a year)

Policy concern Policy makers have also expressed concern that corporations aren t paying a fair share of tax companies need to wake up and smell the coffee David Cameron at the World Economics Forum 2013 OECD Base Erosion and Profit Shifting (BEPS) report BUT concerned with opportunities for MNEs to greatly minimise their tax burden not clear that BEPS actually that important the real issue is about where firms pay tax not clear there is real political support for BEPS the proposed reforms provide a patch rather than tackling the structural issues

This talk Quick reminder about some principles of corporate tax who bears the burden of the corporate income tax? why tax corporate income? Recent trends corporate income tax rates have fallen but revenues have not corporate profits have increased What are we taxing, and where should these revenues be paid? more systemic problems around intangible assets What are the problems with the international taxation of corporate income, and does BEPS address them?

Who bears the burden of the corporate income tax? Legal incidence legally the firm pays the tax Economic incidence: who is made worse off because of the tax firms can not bear the economic incidence of a tax, they can not be made worse off, only people can Who is potentially made worse off by the corporate tax? Shareholders, if the impact of tax is to reduced dividend or reduce capital gains Workers, if the impact of tax is to reduce wages Consumers, if the impact of tax is to increase prices Economic incidence can be very different from legal incidence

Why tax corporate income? Why have a corporate income tax shareholders pay income tax on dividends if we want to tax this income higher, raise income taxes or increase consumption taxes Corporate income taxes might play an important role as a backstop to labour income taxes In 2002 the UK government reduced the rate of corporate income tax on small firms from 10% to 0% they lost something like 1bn in tax revenue a very short time taxi drivers and other self-employed people incorporated and become firms

Who bears the burden of the corporate income tax? Shareholders might not bear the full economic incidence of corporate incomes taxes One reason - capital is more mobile than workers a firms can move it s investment to another country, most people won t move to another country to work if corporate income taxes are high in one country then a firm will move to a country with lower taxes this means workers have less capital to work with this reduces their marginal product (they produce less in each hour that they work) this lowers their wages meaning that some of the economic incidence of the tax has been shifted to workers

Competition for capital The idea that capital is mobile leads to the prediction that governments should compete for firms to invest in their country by lowering their corporate income tax rates Over the past 30 years governments have reduced corporate income tax rates substantially

Governments have reduced corporate income tax rates Corp inc tax rate

And offered preferential rates to income from intellectual property Reduced rate of corporate income tax for income from patents Country Preferential Main rate rate Netherlands 5 25 Luxembourg 5.8 29 Belgium 6.8 34 UK 10 23

Statutory tax rates have fallen substantially Has revenue from corporate income tax declined?

Corporate income taxes as a share of total tax revenue % total tax revenue Source: OECD

Corporate income taxes as a share of GDP Source: % GDP OECD

Why have revenues stayed bouyant when corporate income tax rates have fallen? Despite the long running concerns and the claims that companies do not pay enough tax, revenues from corporate income taxes have been surprisingly buoyant This is mainly because corporate profits have increased as a share of GDP share of activity that is in corporations has increased profitability of corporations has increased

Why the increase in taxable profits? One likely important reason: economic activity increasingly arising from intangible assets exploited simultaneously in multiple locations riskier? meaning normal required rate of return is higher more reliant on equity? not treated as favourably as debt use entrepreneurial inputs (labour/owners)? shifting earnings from labour to capital Other potential factors more market power shift into corporate sector others?

Why doesn t Starbucks pay tax in the UK? the UK subsidiary makes royalty payments to another Starbucks subsidiary in the Netherlands the payment is for use of the brand and other intellectual property the subsidiary in the Netherlands pays tax

How much tax does Starbucks pay? In 2011 Starbucks paid 31% tax rate worldwide but paid 13% on it s overseas activities Where did the profits arise? when I buy a cappuccino in Starbucks what am I paying for? the machines? the fact they ask my name and write it on the cup, the music they play, that they give me the free itunes download? those things were created at headquarters in the US, not in the UK branch It is difficult to know what is the market price of these intangible assets, as they are not traded on the market

Where should a firm pay tax? In the 1980s governments were concerned that large corporations paid too much tax, because they faced tax on their activities in several countries International agreement at the OECD that firms should pay tax in the location that the profit arose individuals should pay tax in the location that they resided BEPS report (Addressing Base Erosion and Profit Shifting) now the concern is that firms might pay too little tax do they really, or is it just that they don t pay it where (some) governments want them to BEPS seeks to assert the principle that firms pay tax in the location of value creation but with value creation largely derived from intangible assets, location is not well defined

Final comments It s not just firms that are using the rules to reduce tax Governments want to: lower tax in their country to attract real investment lower tax on their firms to generate competitive advantage when they compete abroad Yet (some) also want to tax corporate revenue and it may be difficult to do this unilaterally BEPS is a piecemeal approach to structural problems with over 60% of world trade occuring within firms, and increasingly based on intangible assets, makes it difficult to allocate taxable profits across countries