Here’s a simple and fair way to end corporate tax abuse

(Credit: Unsplash)

This article is brought to you thanks to the collaboration of The European Sting with the World Economic Forum.

Author: Alex Cobham, Chief Executive, Tax Justice Network (TJN)


  • Current proposals to tackle tax abuse are complex and unequal.
  • A minimum effective tax rate will reallocate undertaxed profits with substantial benefits for non tax-havens.
  • With a single rule for all countries and multinationals, there is no need for treaty changes.

The global losses from multinational companies’ tax abuses amount to hundreds of billions of dollars a year – revenues that are badly needed as the costs of the pandemic mount up. But international reform efforts have stalled and some future consensus seems unlikely.

Current OECD proposals are complex and unequal, and the only certainty is that they would deliver little extra revenue. Our proposal is simpler, more equitable and would generate much higher revenues. And on top of that, it could be introduced by a coalition of willing states, without requiring global agreement or treaty changes.

The current OECD process began in 2019 with great promise. The original BEPS (Base Erosion and Profit Shifting) initiative that ran from 2013-2015 was the last great attempt to defend the arm’s length principle, which seeks to allocate taxable profit within multinational groups as if the individual subsidiaries were trading with each other at market prices. The realization that a more fundamental rethink was needed led to the renewal of negotiations.

BEPS 2.0 therefore took two starting points that broke with its predecessor – and these formed the two pillars of the approach. Pillar 1 addressed the ease of profit shifting, committing to go beyond both the arm’s length principle and the traditional “permanent establishment” definition, thereby apportioning at least some of multinationals’ global profits according to where their real economic activity took place. Pillar 2 addressed the incentives for profit shifting, by proposing a global minimum tax to put a limit on the race to the bottom.

Despite this promising start, however, the negotiations have lost their way. Both pillars 1 and 2 are widely seen to be excessively complex, with the revenue impacts highly uncertain and any benefits limited at best – even for OECD members. Lower-income countries have expressed frustration at being ignored, and most modelling suggests trivial benefits if any, especially under pillar 1. Unsurprisingly, there has been little appetite to push ahead.

Pillar 1 seems doomed, with no consensus even among OECD members on whether it should cover only highly digitalized companies or a wider group of large multinationals. The new Biden-Harris administration, however, has joined with many EU countries in committing to pursue a global minimum tax.

Here, in pillar 2, the problems stem largely from the unwieldy proposal. This includes separate measures for home (residence) and host (source) countries to apply top-up taxes, with a complex system of rules to manage the interaction of these rights. The granting of superior rights to the home countries of multinational companies (MNEs) would particularly disadvantage lower-income countries, which more often are host to MNEs. To remedy this, the OECD proposes a third rule allowing source country taxation, but this would require the tax havens that benefit most from profit shifting to accept disadvantageous revisions to their tax treaties. This would give them an effective veto, cause endless delay, and has little chance of success.

This is where our proposal for a minimum effective tax rate, METR, could provide a way forward. Like the OECD proposal, we identify the share of each multinational’s global profits that are undertaxed. Then, avoiding any disadvantage to lower-income countries, METR reallocates these undertaxed profits among all countries where the MNE has a taxable presence, to allow each such country to apply its own taxation under its own rules and rates.

By reallocating this undertaxed profit in proportion to the location of multinationals’ real economic activity, including the location of sales, we are able to combine the benefits of pillars 1 and 2: placing profits in market countries at the same time as the incentive to profit shift is reduced or eliminated. And because the METR is effectively a combination of two rules (for income inclusion and undertaxed payments) which the OECD has found could be applied under national tax rules, the METR would not require treaty changes. (To account for market and other countries where an MNE maintains no taxable presence, a “throw-back” rule would prevent relevant profits from going untaxed.)

We have modelled the METR, based on the OECD’s economic impact assessment of the blueprint, to ensure that our findings are as closely comparable as possible. The METR is estimated to generate higher overall revenue gains at all levels of minimum tax rate up to 30%, ranging from $50 billion to $140 billion in additional revenue gains. This is because the METR allows each country to which undertaxed profits are allocated to apply its own tax rate, while the OECD proposal allocates a top-up tax to bring the rate on undertaxed profits up to only the set minimum.

Estimated Revenue Gains from the METR
Estimated Revenue Gains from the METR

(A) Total tax revenue gains. Relative tax revenue gain for (B) Investment Hubs (C) Low and middle income countries, and (D) High income countries. Relative gains are calculated as an increase from current tax revenue. The METR proposal (blue) and OECD proposal (orange).

The distributional differences are even more striking. The METR would provide investment hubs (the OECD’s euphemism for the main corporate tax havens) with smaller increases in revenues than other countries, and smaller increases than the OECD proposal (panel B). Importantly, the additional revenue gains are relatively higher for low and middle-income countries (panel C) than for high-income countries (panel D), and would bring them more absolute revenue gains than the OECD proposal. The more equitable reallocation of taxing rights in the METR proposal is especially relevant if profit shifting is not eliminated by the minimum tax rate – i.e. if the minimum tax rate is too low.

What’s the World Economic Forum doing about tax?

The World Economic Forum has published its Davos Manifesto 2020, calling on business leaders to sign up to a series of ethical principles, including:

“A company serves society at large through its activities, supports the communities in which it works, and pays its fair share of taxes.”

Additionally, the Forum’s Trade and Global Economic Interdependence Platform provides a vital link between trade and tax communities to enable coherent policymaking which responds to societal needs and reflects business realities.

Taking its lead from OECD-led reforms, the work brings technical issues to a high-level audience and enables honest dialogue among diverse stakeholders on polarizing topics. You can find relevant publications here.

With substantial benefits for most non-havens, including countries at all income levels, the METR has the important attraction of political feasibility. It offers a simple, single rule for all countries and all multinationals, and with no need for treaty changes. The METR is fairer between countries, because the rights to tax undertaxed profits are allocated based on real activities in each country; and fairer between companies, because countries apply their standard tax rate to their allocation of undertaxed profits.

The METR does not offer the complete elimination of revenue losses due to corporate tax abuse. What it does provide, however, is the promise of substantial new revenues at a time these are urgently needed, and in a globally progressive way.

The METR proposal was published by Tax Notes International. A full-length version with more detailed modelling is available for download. This post and the full proposal were authored by Sol Picciotto, Jeffery M. Kadet, Alex Cobham, Tommaso Faccio, Javier Garcia-Bernardo, and Petr Janský. Alex Cobham is a member of the World Economic Forum’s Global Future Council on the New Agenda for Fiscal and Monetary Policy.


Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe to get the latest posts sent to your email.

Interesting reads

©UNIFIL/Tilak Pokharel UNIFIL personnel distribute food kits to displaced families in Saida, Lebanon (file).

Lebanon: One in five children goes to bed hungry, says UNICEF

This article is published in association with United Nations. Four in five households in Lebanon struggle to afford basic necessities today, with children increasingly going without food, missing school and being pushed into work as conflict compounds years of economic crisis. “I wanted to buy clothes for my children, but I could not. I also wanted […]

World News in Brief: Deadly Myanmar strikes as Malaysia begins deportations, new emergency funding released, Gaza and West Bank update

The UN chief on Tuesday strongly condemned an airstrike that reportedly killed at least 50 people at a market in Myanmar’s Rakhine state and called for those responsible to be held to account. Forces from the military junta reportedly hit Kyauktaw township around midday on Monday, when the market’s more than 200 shops were busy […]
This article is published in association with European Investment Bank.

EU provides €61 million in humanitarian aid amidst rapidly deteriorating situation in Ethiopia

This article is brought to you in association with the European Commission. Amid fears of renewed conflict in Northern Ethiopia, the European Union is providing €61 million in humanitarian funding to help the most vulnerable people in Ethiopia affected by conflict, displacement, disease outbreaks and climate-related hazards, including the impact of El Niño. The European Union […]
© UNDP A worker installs solar panels in Lanao del Sur in the Philippines.

From energy crisis to energy transition: How renewables are reshaping energy security

This article is published in association with United Nations. The continuing conflict in the Middle East is disrupting global energy markets and pushing up fuel prices, with knock-on effects far beyond the region. For Francesco La Camera, Director-General of the International Renewable Energy Agency (IRENA), the crisis is also reshaping how the world understands the phrase […]
Countries adopted on Saturday a new global blueprint for tackling rapidly evolving forms of crime, as the UN’s largest gathering on crime prevention and criminal justice opened in Abu Dhabi with a call for stronger international cooperation. The Abu Dhabi Declaration was adopted by acclamation at the opening of the 15th United Nations Congress on Crime Prevention and Criminal Justice, bringing governments together around challenges ranging from cybercrime and fraud to the growing criminal exploitation of digital technology. The Declaration highlights an increasingly complex landscape in which services, infrastructure and technology can be exploited by criminals, including emerging trends described as “crime as a service” and “violence as a service”. At the same time, countries committed to making greater use of technology themselves, including by digitalizing justice systems and harnessing artificial intelligence in criminal justice responses. The Declaration stresses that safeguards must accompany those changes, including human oversight, transparency, due process and data protection. ‘Justice cannot be a privilege’ In a video message to the Congress, UN Deputy Secretary-General Amina Mohammed said the meeting was taking place at a time of profound change. “Justice cannot be a privilege. It must protect every person, uphold every person’s rights and leave no one behind,” said Ms. Mohamed. “This Congress is an opportunity to renew our shared commitment to justice and the rule of law, and to translate that commitment into action.” Countries are already being encouraged to put the Declaration into practice through the voluntary Pledge4Justice initiative, under which participating governments are announcing concrete, time-bound actions on crime prevention and criminal justice through 2031. The Abu Dhabi National Exhibition Centre with its curved glass tower and surrounding buildings reflected in calm water at dusk. UNODC The Abu Dhabi National Exhibition Centre where the 15th UN Crime Congress is set to take place. From Kyoto to Abu Dhabi Opening the Congress, UN Office on Drugs and Crime (UNODC) Executive Director Monica Juma framed the gathering as both a response to a changing criminal landscape and a test of international cooperation. “Today, the world convenes in Abu Dhabi to reaffirm that the rule of law and criminal justice are essential to the safety and security of people and the planet,” said Ms. Juma. “At a time when confidence in multilateralism is faltering, let Abu Dhabi be a testament to international cooperation.” Five years after the previous Congress in Kyoto, Japan, Ms. Juma said the world had reached another “inflection point”, with technology and artificial intelligence advancing at extraordinary speed. The same platforms connecting billions of people can also connect criminals, she warned, while digital currencies can conceal illicit profits and digital tools can be used to deceive, manipulate and exploit. Technology, she argued, is not simply accelerating crime but changing its character, while organized criminal networks increasingly exploit weaknesses across borders and institutions. Tweet URL Protecting people as the ‘north star’ Behind those broad trends, Ms. Juma urged delegates to focus on the people most exposed to harm, including children recruited by gangs, women facing violence at home or online, people unable to obtain legal assistance and young people lured into scam networks with promises of a better future. “Protecting these people must be the measure against which we judge our efforts over the coming week,” she said. “It must be our north star.” She called for laws and institutions capable of keeping pace with changing threats, greater access to justice and legal aid, and technology that serves as “a force for good” rather than an accelerator of harm. And while welcoming the Abu Dhabi Declaration as a starting point, Ms. Juma stressed that its impact would ultimately depend on implementation. A week focused on justice Hosted by the United Arab Emirates, the Congress runs through 1 October under the theme Protecting People and Planet in the Digital Age. Some 119 countries are represented, alongside more than 40 justice ministers and other senior officials, with over 5,100 participants from governments, civil society, academia and the private sector. Plenary meetings, workshops, side events and exhibitions will run throughout the session. Organizers are also billing this as the most youth-inclusive Crime Congress yet. Young people are participating in workshops, contributing to follow-up efforts and taking part in a dedicated Youth Lab and art exhibition, following a Youth Forum held ahead of the Congress on 24 and 25 September. UNODC serves as secretariat of the Congress and will support implementation of the Abu Dhabi Declaration.

Countries adopt global blueprint to tackle fast-evolving crime in digital age

This article is published in association with United Nations. Countries adopted on Saturday a new global blueprint for tackling rapidly evolving forms of crime, as the UN’s largest gathering on crime prevention and criminal justice opened in Abu Dhabi with a call for stronger international cooperation. The Abu Dhabi Declaration was adopted by acclamation at the […]
United Nations President Mahmoud Abbas of the State of Palestine addresses the General Debate of the UN General Assembly’s 81st session.

Palestinian existence under threat, Abbas tells UN, warning of ‘another Nakba’

This article is published in association with United Nations. Israeli policies now threaten “the very life and existence of the Palestinian people on their homeland”, Palestinian President Mahmoud Abbas told the UN General Assembly on Thursday, urging the world not to allow “another Nakba”.  Mr. Abbas addressed the Assembly’s annual debate via pre-recorded video after his […]
© UNICEF/Oleksii Filippov A rescue worker stands outside a residential building in Kyiv’s Solomianskyi district that was severely damaged during a massive overnight attack on the city.

World News in Brief: ‘New intensity’ to Russian attacks on Ukraine, Yemen, Gaza and Colombia updates

This article is published in association with United Nations. Russian armed forces have carried out repeated attacks across Ukraine over the past several days, killing and injuring civilians and damaging homes, hospitals, shops and workplaces, UN human rights monitors said on Thursday. The attacks have involved ballistic and cruise missiles, drones and guided aerial bombs. Between […]
UN Photo/Loey Felipe President Volodymyr Zelenskyy of Ukraine addresses the General Debate of the UN General Assembly’s 81st session.

Zelenskyy urges stronger pressure on Russia, warns war’s impact is spreading beyond Ukraine

This article is published in association with United Nations. Ukrainian President Volodymyr Zelenskyy on Wednesday called for intensified pressure on Russia to end its war against Ukraine, arguing that Moscow continues to incur massive losses while prolonging a conflict whose consequences are increasingly being felt far beyond the battlefield. Addressing the UN General Assembly’s annual debate, […]
UN Photo/Loey Felipe President Donald Trump of the United States addresses the General Debate of the UN General Assembly’s 81st session.

Trump defends military action against Iran, Venezuela, and calls for rebrand of AI

This article is published in association with United Nations. US President Donald Trump used his address to the UN General Assembly on Tuesday to defend recent military action against Iran, urging countries to maintain economic pressure on Tehran – and declaring that he now faces a choice between making a deal, or taking far more drastic […]
© UNICEF/Oleksii Filippov An injured girl climbs the partially collapsed stairwell of a building in Boryspil, Ukraine, following a missile strike.

‘Nowhere is safe’: UN experts detail Ukraine war’s toll and Russia’s reach beyond its borders

This article is published in association with United Nations. UN Human Rights Council-appointed experts on Monday laid out a grim picture of the human cost of Russia’s invasion of Ukraine, with a spotlight on civilians facing a third wartime winter as well as the intimidation of Russians who have fled abroad. The Independent International Commission of Inquiry […]
© UNICEF/Robic Upadhayay Aid workers transport supplies past a flood-damaged house in Nepal.

Nepal floods: ‘Apocalyptic’ destruction signals wider climate threat across Himalayas

This article is published in association with United Nations. The catastrophic flooding that swept away entire villages in northern Nepal could occur again in the country or elsewhere in the Himalayas due to climate change. The warning comes from Sara Netzer, regional director with UN field operations office UNOPS, which provides infrastructure, procurement and project management […]
This article is published in association with United Nations.

World News in Brief: Winter aid for Gaza, West Bank; Haiti food production; migrant deaths at sea; human rights funding

The UN Children’s Fund (UNICEF) is seeking to raise $97.5 million to protect 540,000 children and their families in Gaza and the West Bank from harsh winter conditions in the coming months. Nearly 84 per cent of Gaza’s population – more than 1.76 million people – live in overcrowded displacement sites or damaged shelters, leaving […]
© UNRWA Search-and-rescue operations continue following the collapse of a war-damaged building in Gaza city.

Gaza: At least 20 killed in deadly building collapse, search for survivors continues

This article is published in association with United Nations. Search and rescue operations continued in Gaza City on Wednesday following the collapse of a bombed-out building that killed at least 20 people, according to reports. The incident has highlighted the precarious situation of displaced Palestinians across the Gaza Strip who shelter wherever they can, including in […]
UN News/Nargiz Shekinskaya The UN HQ (Secretariat) building in Manhattan.

The world comes to New York: What’s at stake at UN General Assembly high-level week

This article is published in association with United Nations. Each September, New York becomes the centre of global diplomacy as presidents, prime ministers, ministers and diplomats from around the world gather at United Nations Headquarters. At a time of mounting geopolitical tensions and overlapping global crises, leaders will tackle a packed agenda that includes conflicts and […]

Six UN staff killed in Gaza school strike; Lebanon violations mount

This article is published in association with United Nations. Israeli strikes killed six UN workers and civilians at a school sheltering displaced families in Gaza as needs grow, according to the UN agency for Palestine refugees, UNRWA. At least 220 agency staff have been killed in Gaza since the Hamas-Israel war began in October 2023. UNRWA Acting […]
This article is published in association with United Nations.

‘Where do we go?’: How Israel’s ‘yellow line’ is closing in on Palestinians

This article is published in association with United Nations. Ola Ishtiwi sits with her children in front of the remains of her home in the Al-Tuffah neighbourhood in eastern Gaza City, a few metres away from a series of painted cement blocks Israel has placed to mark what has become known as the “yellow line”. Initially set up following the announcement of the Israel-Hamas ceasefire […]
© UNDP/Oleksandr Ratushniak A substation in Ukraine damaged during ongoing strikes in the war with Russia.

Ukraine: Drone attacks on Chornobyl are ‘gambling with the safety of millions of people’

This article is published in association with United Nations. A drone strike on the protective structure at the Chornobyl Nuclear Power Plant could have endangered the safety of millions of people, UN Development Programme (UNDP) Administrator Alexander De Croo told reporters via video link from Kyiv on Thursday. He is visiting Ukraine, with his mission focused […]
© UNHCR/Dar Al Mussawir Smoke rises above residential neighborhoods in Tyre, southern Lebanon, following an Israeli airstrike. (file)

UN chief demands Israeli withdrawal from Lebanon amid Nabatieh escalation

This article is published in association with United Nations. The Secretary-General has condemned mounting civilian casualties in southern Lebanon and called on Israel to withdraw its forces from Lebanese territory, as fighting intensifies in and around Nabatieh. Key points In a statement issued by his Spokesperson, Stéphane Dujarric, the Secretary-General said he was “deeply concerned” by […]
© UNHCR/Dar Al Mussawir Smoke rises above residential neighborhoods in Tyre, southern Lebanon, following an Israeli airstrike. (file)

UN chief demands Israeli withdrawal from Lebanon amid Nabatieh escalation

This article is published in association with United Nations. The Secretary-General has condemned mounting civilian casualties in southern Lebanon and called on Israel to withdraw its forces from Lebanese territory, as fighting intensifies in and around Nabatieh. Key points In a statement issued by his Spokesperson, Stéphane Dujarric, the Secretary-General said he was “deeply concerned” by […]

Why don't you drop your comment here?

Go back up

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

The European Sting – Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology – europeansting.com