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OECD PROPOSES TAXATION OF INTERNATIONAL DIGITAL BUSINESS

Published by Gbaf News

Posted on June 3, 2014

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OECD Targets Tax Avoidance by Digital Giants

The OECD recently proposed ways in which to make internet multinationals pay corporate taxes in jurisdictions where the sales take place.

Based on current legislation, internet companies may legally avoid paying taxes by using corporate structures for shifting profits to low-tax jurisdictions.

Key OECD Proposals for Digital Taxation

In the published proposals of the OECD, measures for improving taxation of digital business, include:

  • New taxation criteria based on ‘significant digital presence’, and a new concept of ‘virtual’ rather than purely physical permanent establishment;
  • Changes to model tax agreements that exempt business premises from permanent establishment status if they merely store, display or deliver goods for the enterprise;
  • Introduction of withholding taxes for digital transactions.

Timeline for OECD Digital Tax Reforms

The final report on this matter is expected to be released in September 2014.

Key Takeaways

  • OECD proposed a new taxable nexus based on 'significant digital presence' rather than physical presence
  • The concept of a virtual permanent establishment was introduced to capture digital operations for tax purposes
  • The OECD suggested introducing withholding taxes on digital transactions
  • Model tax treaties would be adjusted to close loopholes for non-physical intermediaries by excluding mere storage, display or delivery from PE exemption

References

Frequently Asked Questions

What is meant by ‘significant digital presence’?
It refers to a taxable nexus based on digital activity—such as high digital use or personal data use—in a jurisdiction even without physical presence ([jdsupra.com](https://www.jdsupra.com/legalnews/oecd-draft-report-the-digital-economy-34000?utm_source=openai)).
What is a ‘virtual permanent establishment’?
A virtual PE could include a server in the jurisdiction (virtual fixed place), digital contract formation (virtual agency), or on-site interfaces without a physical office ([jdsupra.com](https://www.jdsupra.com/legalnews/oecd-draft-report-the-digital-economy-34000?utm_source=openai)).
How would withholding taxes work for digital services?
Payments by consumers for digital products/services from abroad would be subject to withholding taxes collected by their payment processors ([jdsupra.com](https://www.jdsupra.com/legalnews/oecd-draft-report-the-digital-economy-34000?utm_source=openai)).
Why amend PE exemptions for storage or delivery?
To prevent businesses escaping taxation by merely using facilities for storage, display or delivery, which currently may not constitute a PE ([jdsupra.com](https://www.jdsupra.com/legalnews/oecd-draft-report-the-digital-economy-34000?utm_source=openai)).
When was the final OECD report published?
The final report, “Addressing the Tax Challenges of the Digital Economy (Action 1)”, was released on 16 September 2014 ([oecd.org](https://www.oecd.org/tax/addressing-the-tax-challenges-of-the-digital-economy-9789264218789-en.htm?utm_source=openai)).

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