The specific rules for the application of the 15% tax take into account the relationship between multinational parent companies and their components. Multinational parent companies whose subsidiaries have low-tax foreign income must pay a «top-up tax» to increase the tax rate on that income to 15%. Deductions are denied for maternity payments to low-tax foreign affiliates, unless a 15% tax is levied on the subsidiaries` income. In addition, withholding tax jurisdictions may impose a limited withholding tax on certain related party payments taxed below the minimum rate. The House of Representatives on Friday passed President Biden`s Build Back Better bill, which provides for a minimum tax rate of 15 percent for highly profitable businesses — a levy that could hit Amazon, Verizon and others. The minimum is one of many revenue increases that help pay the $2.4 trillion expense bill with significant investments in climate, education and health care. Facebook`s rate for 2019 rose in part because the $5 billion FEC settlement was not tax deductible, and the minimum tax proposal would bring in nearly $320 billion over a 10-year period, according to the Joint Committee on Taxation, a bipartisan congressional body that analyzes tax bills. The minimum tax rate would apply to corporations that reported an average annual profit of $1 billion over three years to shareholders. Last year, 241 S&P 500 companies reported pre-tax earnings of more than $1 billion, according to a Washington Post analysis of Bloomberg data.
Three out of 10 paid less than 15% income tax worldwide. A global corporate tax, including the OECD plan, would not implement itself. Each country should integrate the tax rate and rules into its own tax system. In the United States, the global corporate tax should be passed by Congress and signed by the president. In addition, international and bilateral tax treaties should be amended. In May 2019, Germany and France published a joint proposal for a global effective minimum tax rate called the second pillar, with the aim of stopping the race to the bottom.  Olaf Scholz, then Federal Finance Minister, described fair corporate taxation as one of the main priorities of the German Chairmanship of the OECD Tax Committee and said that if no agreement could be reached within the OECD, the EU was ready to act unilaterally.  This German-French proposal received broad international support, and it was supported by both the then Managing Director of the IMF, Christine Lagarde, and the then Secretary-General of the OECD, Angel Gurría.
 US Treasury Secretary Janet Yellen said: «Since this morning, virtually the entire global economy has decided to end the race to the bottom when it comes to corporate taxation. The All-Inclusive Framework Agreement is designed to curb decades of corporate tax rate declines around the world. The OECD estimates that the rules, which are expected to come into force worldwide in 2023, will bring in an additional $150 billion in annual tax revenue. In the United States in particular, the Biden administration hopes the changes will bring in $350 billion in additional tax revenue over the next decade, the NYT notes. The tax laws of other countries also differ in design and complexity, resulting in very different income tax bases and rules. However, to be recognized as fair and accepted, a global corporate tax requires a standard definition of income. As mentioned earlier, the OECD authors decided that their agreement only applies to companies with a turnover of more than €750 million (US$868,095). They also established rules for implementation, modification and enforcement. The plan also includes exclusions for mining companies, shipping, regulated financial services and pension plans, which generally do not contribute to tax competition because their profits are tied to specific locations or subject to special tax and regulatory regimes. The plan provides some flexibility to allow countries, particularly the United States, which have similar tax rules but are not identical to the rules in the agreement, to apply their own rules, provided their effect is comparable to the impact of OECD rules.
In its simplest form, a global corporate tax could be structured in such a way that countries do not have to tax a rate below a certain rate on all corporate income, whether earned at home or abroad. This approach, which would eliminate country control over national corporate taxation, would constitute a significant encroachment on national sovereignty. Because of the complexity of the tax code and the fact that its many income adjustments have allowed some wealthy taxpayers to legally avoid any tax liability, the Biden administration has proposed adding a minimum corporate tax to the Internal Revenue Code. This tax is intended to prevent profitable businesses from paying little or no tax. The proposal would use «accounting income»—that is, financial income determined in accordance with generally accepted accounting principles (GAAP)—as the basis for national corporate tax. Only large corporations that report high profits – but little or no taxable income – would be subject to tax. The agreement also provides for the updating of international tax rules to reflect the realities of the digital age. Instead of taxing a company where its operations are located, the rules would allow countries to tax a company where its services are sold, notes the New York Times. These changes are likely to have a major impact on the European operations of US technology companies. Many of these companies are headquartered in Ireland to take advantage of its lower tax rate of 12.5%, but sell services across the continent.
Oxfam also said the 15% rate was too low and «would allow serious offenders. aus dem Schneider». The corporate tax rate in industrialized countries averages 23.5 per cent, well above the agreed lower limit of 15 per cent. Ireland, Hungary and Estonia – all of which have corporate tax rates below 15% – initially opposed the plan, but now agree. In recent years, multinationals with intangible ownership income – such as royalties on trademark, patent and software licenses – have settled and/or relocated these rights to corporate subsidiaries in countries with lower taxes in order to avoid higher taxes levied by their home countries and the countries where their income is generated. US multinationals – including Amazon, Meta (formerly Facebook) and Google – have built profitable operations in Ireland, with a maximum tax rate of 12.5% well below rates in the US, UK and EU. A statement by U.S. Treasury Secretary Janet Yellen concluded that global rules that prevent profit shifting to countries with lower taxes — and that allow countries where multinationals make their profits to tax those profits and benefit from tax revenues — tax competition and create a fairer distribution of tax revenues. Some companies temporarily paid high rates after a 2017 tax law encouraged the repatriation of foreign profits In addition to a global corporate tax, the OECD`s plan includes several measures to deal with the loss of tax revenue caused by profit shifting and base erosion. The agreement revises current legal provisions that prevent countries from taxing the income of multinational corporations earned in their jurisdictions, unless the multinationals have a physical presence, i.e.
a link, in the country. Small businesses don`t have access to the army of lawyers and accountants who have allowed 55 large, profitable companies to avoid paying federal corporate taxes in 2020 and can`t shift their profits to tax havens to avoid paying U.S. taxes like multinationals can. This, in turn, prevents small businesses from competing with large companies in a number of areas, including by offering competitive wages and opportunities for growth. This new tax treaty will give small businesses more opportunities to operate alongside businesses, even if they don`t have the same infrastructure. The minimum tax and other provisions aim to end decades of tax competition between governments in order to attract foreign investment. As of July 9, 2021, the G7 and G20, representing the world`s largest economies, supported the development by the OECD of an international tax reform framework that includes a global minimum corporate tax setting a minimum tax rate on the foreign income of multinationals. Ireland`s corporate tax rate of 12.5% has long attracted top Americans.