TEI – International Tax and Transfer Pricing

In the ever-evolving landscape of international business, the introduction of Pillar Two by The Organization for Economic Co-operation and Development (OECD) marks a significant shift in the approach to international tax and transfer pricing. This development, combined with the increasing role of AI and tech solutions in navigating these changes, offers both challenges and opportunities for multinational enterprises (MNEs). Insights from experts Derek Drysdale, Nancy Voth, and Mark Madrian highlight the importance of adapting to these changes.

Understanding Pillar Two: The Global Anti-Base Erosion Proposal

Pillar Two introduces a framework aimed at ensuring MNEs pay a fair level of tax on their income globally. This initiative, part of a broader effort to address tax avoidance, has been embraced by 140 countries. The guidance released in 2021 sets the stage for a global minimum tax, aiming to mitigate tax base erosion and ensure fair tax revenue distribution. With at least 23 countries already implementing rules and more to follow, understanding and complying with Pillar Two has become imperative for businesses operating across borders.

Preparing for the Global Minimum Tax

Countries around the world are adopting the OECD’s Pillar Two Global Minimum Tax rules, and many go into effect this year. Companies doing business globally should consider whether they meet the revenue threshold of the countries in which they’re doing business and whether any safe harbor rules could apply. These complex rules could have a large impact on multinational companies and have the potential to increase income taxes for MNEs.

Introducing Amount B: Simplifying Transfer Pricing for Routine Transactions

A significant advancement under the OECD’s framework is the introduction of “Amount B,” aimed at standardizing the treatment of specified routine transactions for transfer pricing purposes. On February 19th, the OECD outlined the “Simplified & Standardized Approach” for qualifying transactions, including buy-sell distributor and sales agency transactions. This approach focuses on identifying qualified transactions, determining the appropriate Operating Margin (OM) Result, and utilizing the Pricing Matrix to facilitate a more straightforward application of transfer pricing rules.  However, it remains to be seen how countries will apply these rules (will they treat as elective or required?) and whether the goal of simplification will be achieved. These rules would apply more generally, even to companies with minimal sales.

Why This Matters to You

The introduction of Pillar Two and the specificity of Amount B signify a global commitment to fair taxation and provide a clearer path for compliance. For businesses, leveraging AI and tech solutions for these aspects means not just keeping pace with regulations but optimizing tax strategies for efficiency and growth. The implications touch every aspect of international operations, highlighting the importance of strategic adaptation.

Contact Us

If you have questions about the information outlined above or need assistance with another international tax issue, Tanner & Co can help. For additional information call 801-532-7444 or click here to contact us. We look forward to speaking with you soon.