Pillar 1 of the Base Erosion and Profit Shifting project

Revolutionizing Global Taxation

Pillar 1 of the base erosion and profit shifting projects

Pillar 1 of the Base Erosion and Profit Shifting project

1.    Introduction

Pillar 1 of the BEPS project aims to reform the international tax rules to ensure a fair distribution of taxing rights and address the challenges posed by the digital economy. It focuses on reallocating taxing rights for multinational companies (MNC), particularly highly digitalized ones, and preventing profit shifting to low-tax jurisdictions.

2.    Key Features of Pillar 1

i.   Applicability

  • Global turnover > EUR 20bn; and
  • Profitability above 10%.

ii.  New Nexus Rule

  • Determines whether a MNC has a taxable presence (i.e., a “significant economic presence”) in a market jurisdiction.
  • Captures companies with substantial user engagement and economic activities.

iii. Elements of Pillar 1

a.  Amount A

  • Portion of MNE “deemed residual” profit to be reallocated to market jurisdiction.
  • Large profitable businesses.

b.  Amount B

  • Fixed return for certain routine marketing and distributing activities in the market jurisdiction.
  • All businesses.

3.    Challenges and Implication

  • Gaining agreement from diverse countries with differing interests
  • New tax rules may complicate international tax compliance for MNC.
  • Efficiently gathering and analyzing data to determine user participation and economic activities in multiple jurisdictions.
  • Tax authorities may face challenges in tracking multinational activities and enforcing accurate taxation.
  • Cross-border investment decisions may be influenced.
  • Pillar 1 may increase the risk of double taxation and potential disputes.

4.    Key Takeaways

  • Pillar 1 of BEPS addresses digital economy challenges by reallocating taxing rights based on user participation, ensuring fair taxation for highly digitalized companies.
  • It introduces a new approach to profit allocation through “Amount A”, targeting multinational companies with defined revenue and profitability thresholds.
  • Successful implementation requires global consensus and streamlined compliance processes to achieve a more equitable and sustainable international tax system.

Contact Us

Markus Susilo
Markus Susilo
Partner- Payroll and Indirect Tax
Alessandro Valente
Alessandro Valente
Director - International Tax Service & Transfer Pricing