130 Countries Agree to Biden’s Global Minimum Tax Proposal, But It’s All Hot Air

The WSJ reports the US Wins International Backing for Global Minimum Tax.

Officials from 130 countries that met virtually agreed Thursday to the broad outlines of the overhaul, including all of the Group of 20 nations. It would be the most sweeping change in international taxation in a century. They include China and India, the large developing countries that had previously had reservations about the proposed overhaul. 

Those governments now will seek to pass laws ensuring that companies headquartered in their countries pay a minimum tax rate of at least 15% in each of the nations in which they operate, reducing opportunities for tax avoidance.

Race to the Bottom and Alleged Fair Share

The Organization for Economic Cooperation and Development, which guides the negotiations, estimates that governments lose revenues of between $100 billion and $240 billion to tax avoidance each year.

“After years of intense work and negotiations, this historic package will ensure that large multinational companies pay their fair share of tax everywhere,” said OECD Secretary-General Mathias Cormann.

U.S. Treasury Secretary Janet Yellen called it “a historic day for economic diplomacy.”

She added, “Today’s agreement by 130 countries representing more than 90% of global GDP is a clear sign: The race to the bottom is one step closer to coming to an end.

Sticking Point and Alleged Resolution

The toughest question in the tax talks has been the handling of the largely American cadre of tech giants. European countries wanted those companies to pay more taxes in countries where they do business. But the U.S. had rejected a deal that focused only on tech companies as both discriminatory and outdated given the increasingly digital nature of most sectors. 

The 130 governments have agreed to focus the new tax rules on any large, global businesses that have a profit margin of at least 10% on global turnover of at least 20 billion euros.

The resolution is to tax “Big Tech!” not “Big Tech”. There is no difference in practice, but the precise wording is such that it only applies to the biggest of big US tech corporations including Google, Amazon, Microsoft, Intel, Facebook, and Apple.

US Hot Air Synopsis

For starters, this has to get through Congress and Republicans object. 

Biden wants to raise the U.S. corporate tax rate to 28% from 21%, and the minimum tax on U.S.-based companies’ foreign profits to 21% from 10.5%.

I rate those ideas as about a 5% chance but only in an unlikely Reconciliation play if Democrat Senators Joe Manchin of West Virginia and Krysten Sinema of Arizona get on board. 

Finally, will Republicans get on board with the idea to tax “Big Tech!” not “Big Tech” with wording that primarily applies to US corporations? 

International Hot Air Synopsis

So far, all we have is an “outline”. Details are lacking.

These negotiations started in 2013. It took 8 years to agree to an outline that started with Obama!

It does not matter how many countries sign up for an “outline” how many will actually pass the final version, any version?

When?

More importantly, how many countries won’t get on board?

That is the key question. Two of the biggest tax have regions are the Bahamas and Ireland.

The corporate tax rate in Ireland is 12.50% and it’s 0.00% in the Bahamas. 

Ireland is the European headquarters for most US big tech companies. And guess who isn’t on board with this scheme. 

Ireland will be reluctant to go along, but even if it does, the average corporate tax rate in the EU is 20%.  The rest of the EU would still be upset with Ireland.

Hot Air Conclusion

Yellen is wrong when she says “The race to the bottom is one step closer to coming to an end.”

Corporations don’t really pay taxes. Consumers do, through higher prices, fewer jobs, less business expansion, etc.

Mish

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Mish

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tbergerson
tbergerson
4 years ago
I would value your input to the following idea.  Why tax corporations at all?  Corporations are intermediaries for people.  Tax the corporations at 0%.  No more games.  Legions of tax accountants and attorneys unemployed, but no more preference for big companies (who can afford them) over smaller ones (who cannot).  The tradeoff is, you then tax corporate distributions (whether through dividends or capital gains, with an offset for inflation) at ORDINARY rates to the beneficial holders of the corporations, the actual people who own them. 
There is no principled reason why income from capital should be taxed at a different and lower rate than income from labor.  That is what gives rise to the oft-heard quip about Warren Buffett’s secretary pays a higher tax rate than he does yada yada yada.  The whole thing is a kludge to overcome the double taxation problem.  If you tax the corporations, AND tax dividends and capital gains, you are taxing the same income twice.  David Stockman has attested that as Democrats cannot conceive of NOT taxing corporations, but the economy needs capital formation, this is the resulting compromise.  Which of course distorts the economy and politics in ways resulting in enormous suboptimalities.
Apparently these Treasury Ministers do not understand this concept.  Now maybe going to a system where you do NOT tax corporations, but tax the beneficial holders would result in OTHER games being played, like corporations never doing distributions, but I imagine it would be better in the aggregate over the long term.
KidHorn
KidHorn
4 years ago
15% of what? Profits? Revenue? If it’s based off profits, like it is now, how do they define profits? Seems all a country would need to do is define profits differently than the other countries and we’re back to square one.
Carl_R
Carl_R
4 years ago
Well, this board has an edit function again, but I’m not sure that I’ll use it. I made a post, and posted it, and it appeared on the thread. I then edited it to add some additional punctuation, and resubmitted it. The post was accepted, but was referred to a moderator to review it, and has vanished in the meantime.
Eddie_T
Eddie_T
4 years ago
Reply to  Carl_R
They don’t ever seem to make it back when that happens. You can usually get away with one edit. If you go for two, yourrrrrrrouttttahere.
Carl_R
Carl_R
4 years ago
Reply to  Eddie_T
That was the first time I tried the edit function. All I did was to add  one colon. I suppose moderation was required because they wanted to make sure I used the colon correctly. 😉
Webej
Webej
4 years ago
Reply to  Eddie_T
My experience is better — no problems even with 4 edits
TexasTim65
TexasTim65
4 years ago
Reply to  Webej
I’ve had the same happen to me. Sometimes on the 2nd edit, and sometimes on the 4th or 5th.
There is a timeout function on editing such that after a certain time period you can’t edit any more. I think that may be what we are all running into which is why it seems random.
I *ALWAYS* now do a ‘highlight’ followed by a CTRL-C (copy) before I post anything here so that I can create a new post and do a paste to retrieve it all if it gets eaten.
Carl_R
Carl_R
4 years ago
Reply to  Eddie_T
It took a couple days, but my edit was approved by the moderator, apparently, as it has now appeared.
Webej
Webej
4 years ago
The Netherlands is still one of the world’s main tax havens, coming in fourth place on Tax Justice Network’s … Only the British Virgin Islands, the Cayman Islands and Bermuda scored worse … when it came to tax avoidance.
The Netherlands is a high tax jurisdiction, although like the US it foolishly makes mortgage interest deductible.
Corporate tax rate is officially 15%, although many multinationals (such as Shell) have managed to avoid any tax for years running.
The attraction of the Netherlands is tailor made agreements with international firms to avoid double taxation and other facilities.
This is good business to the consulting, commercial trade, and banking sectors.
Many such agreements (tens of thousands) have long run times and cannot simply be changed (contract law) without civil litigation.
If the Netherlands were to ‘reform’ such practices, it would benefit other countries and force higher domestic tax levies.
Such measures would be political suicide and are favored mostly by math challenged idealistic parties unlikely to govern.
Don’t expect the Dutch, Ireland, Bermuda, the Cayman or British Virgin Islands to undertake any effective measures to destroy their own economy and tax base for the sake of the global good as defined by Junior Joe Robinette
numike
numike
4 years ago
Eddie_T
Eddie_T
4 years ago
No wonder Musk and Bezos are heading into space. Maybe that will be the last best place to offshore money and avoid corporate taxes. Looks like  earth is getting sewed up tight, sooner or later.
Instead of banks being chartered in the Channel Islands they’ll be chartered in the asteroid belt.
Carl_R
Carl_R
4 years ago
Exactly. This is much ado about nothing. Corporations are not TaxPAYERS, they are TaxCOLLECTORS. Taxing corporations is an effective way to make individuals, who are the real tax payers, pay the tax without realizing it. If you go to Target, and buy a coffee maker for $30, and they tack on $2.10 in sales tax, you see that, and think that is all you are paying in tax. But, really, the corporation pays lots of taxes: use taxes, property taxes, real property taxes, corporate taxes, employment taxes, excise taxes, import duties, etc, and if the corporation is unable to pass those taxes through to consumers, they fail. Fortunately every competitor that they have also pays the same taxes, so they are all passing through about the same amount of taxes. If one raises the price $10, the other is doing the same. In reality, when you paid $32.10 for the coffee maker, you probably paid at least $13 in taxes paid to one governmental entity or another by the various corporations involved in making, distributing, shipping, and selling that coffee maker to you.
The best thing about corporate taxes is that they are invisible, and individuals don’t realize they are paying them. The worst thing is that they are probably slightly regressive, since lower income people spend a higher portion of their income on purchases from businesses.
anoop
anoop
4 years ago
hot air is what will help us all rise above our problems.

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