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 As predicted for some time, the OECD assuredly had its Wayfair moment. Compelled to booty action to accompany agenda taxation beneath a uniformed all-embracing accepted and anticipate countries from action “unilateral” with their own agenda tax regimes, the OECD has proposed to not alone aggrandize the demanding rights of best agenda bazaar countries, but additionally re-write all-embracing taxation, able-bodied above the aboriginal OECD/G20 Base Erosion and Accumulation Shifting (BEPS) initiative.



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The OECD appears able-bodied on its way to afterward the US Supreme Court’s June 2018 South Dakota v. Wayfair accommodation by signaling its ambition to carelessness the longstanding concrete attendance accepted for free nexus. Instead, the OECD envisions a new all-around tax framework in which alien sellers operating above accompaniment and country borders are burdened by the countries in which their barter alive according to specific sales thresholds.

On October 9, the OCED appear a 21-page accessible appointment certificate that describes a angle from the OECD Secretariat (the analysis that carries out the OECD’s action work) for a “Unified Approach beneath Pillar One.” This certificate represents the latest chapter—a cardinal one—in the across-the-board afterlight and re-alignment of all-around tax action and the accessible all-embracing tax rules that the OECD has been alive on for years.



In its 2015 BEPS Action Plan, the OECD articular the tax challenges of an added agenda abridgement as a primary focal point. A consecutive certificate appear by the G20 Accounts Ministers (working in concert with the OECD) in March 2018, Tax Challenges Arising from Digitalization – Interim Report, advised this affair in added detail. A collective OECD/G20 Inclusive Framework beforehand this year aggregate the all-around tax action afterlight accomplishment into two categories: Pillar One, which includes user participation, business intangibles, and cogent bread-and-butter attendance proposals; and Pillar Two, which focuses on added BEPS-related accretion issues, such as an “alternative” minimum all-around tax for bunch organizations.



For abounding in the US, the new Pillar One Unified Approach and Pillar Two accompany accustomed tax acquiescence concepts, including bread-and-butter or business action antecedent that can ability alien sellers above any bound as able-bodied as the new methods of accumulation allocation and adapt apportionment.

The OECD Secretariat appointment certificate summarizes the Pillar One proposal, describes several awaiting questions for consideration, provides taxable-presence illustrations beneath the Unified Approach, and includes an addendum that delves into greater detail on the proposed accumulation allocation change.

This certificate shows that the OECD is now afterpiece to its ultimate cold of leveling the arena acreage in all-around tax and barter through greater reassignment of demanding rights (nexus) to countries area agenda consumers are located.

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In bread-and-butter terms, this represents bulk conception from the appeal side. In accession to revamping nexus, the Pillar One angle addresses alteration appraisement (in some cases, action above the arm’s breadth principle), the reallocation and agreement of profits to jurisdiction, and a new agenda of quasi-formulary apportionment.

These proposed changes were abundantly expected, as governments and tax jurisdictions throughout the apple accept continued been balked by acceptable abiding enactment rules and behavior that focused alone on concrete presence. These rules created adverse tax competition, and in some cases, advancing tax planning opportunities for business and individuals alike. 

Although abounding of the changes independent in the OECD Secretariat’s new angle were anticipated, they still authorize as momentous. As such, they should activate contentious, and hopefully constructive, discussions amid OECD and G20 countries, businesses, and added stakeholders by the end of 2020, back the OECD and G20 achievement to ability a accord on a new all-embracing tax framework. The OECD emphasizes this point in the accessible appointment document, stating:

As accent in the Program of Work, the stakes are actual high. In the antithesis are:  the  allocation  of  taxing  rights  between  jurisdictions;  fundamental  features  of  the  all-embracing tax system, such as the acceptable notions of abiding enactment and the account of the arm’s breadth principle; the approaching of multilateral tax co-operation; the blockage of advancing unilateral measures; and the acute political burden to tax awful digitalized [multinational enterprises].

As such, actuality are several high-level takeaways and observations about the proposed changes to accumulate in mind:

Much assignment charcoal to be completed by June 2020. Although afresh accustomed by the accounts ministers of the G20, the angle it is neither unified or uniformed.

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On October 16, during the affair of the UN’s Committee of Experts on All-embracing Cooperation in Tax Matters, the Committee formally discussed the tax after-effects of the digitalized economy.

In this session, the primary apropos of candor and authoritativeness as able-bodied as the advantages and disadvantages for developing countries were aboveboard addressed and debated. It was axiomatic that ample questions and apropos abide for developing countries.

As a approved on-site Observer, my own consequence is that issues apropos disinterestedness and applied administrability abide to linger. It is accessible that for abounding in developing countries, around-the-clock “inclusive and fairness” assertions may not necessarily entail equity.

At this point in agenda taxation, we should be allurement aloof how “inclusive” the Inclusive Framework absolutely is. This was abnormally credible afterwards the OECD’s appointed adumbrative presented the official Unified Approach beneath Pillar 1 angle and the time added advised blueprint. 

A acceptable archetype of this blazon of agitation anon accomplished by abounding in developing countries is captured in a November 6 commodity by Jose Antonio Ocampo. According to Ocampo, “an OECD angle to abate transnational tax artifice contains flaws which developing countries charge claiming afore it is set in stone.”

Ocampo seems to be focused added aloft tax havens, as represented by commendation economist Gabriel Zucman: “…every year, developing countries lose at atomic $100 billion, hidden by multinationals in tax havens. Globally, this diverts 40 percent of adopted profits to such havens….” He additionally alludes to the allowance of the US acknowledged system, which allows bunch organizations to do the same.

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When the Supreme Court appear its South Dakota v. Wayfair ruling, the European Union and OECD were demography addendum on a accommodation that accustomed the acknowledged and action ambit for the world’s aboriginal agenda tax. The OECD Secretariat’s angle shows that they were accomplishing aloof that.

George L. Salis is Assumption Economist and Tax Action Advisor at Vertex and is additionally an economist, advocate and tax able with 23 years of acquaintance in all-embracing taxation and barter compliance, tax planning and controversy, budgetary adjustment and tax economics consulting.

George holds a BSc in economics and political science, an LLB, an M.A. in acknowledged and ethical studies and an LLM in all-embracing tax law.

A certified business economist, he additionally holds a PhD in all-embracing law and bread-and-butter policy.

George L. Salis
Principal Economist & Tax Action Advisor
2301 Renaissance Blvd.
King of Prussia, PA 19406
914-342-3668

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