moving from beps to a broader tax policy agendafitindia.org/downloads/1.5_jeffery_owens.pdf ·...
TRANSCRIPT
![Page 1: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/1.jpg)
Moving from BEPS to a Broader Tax Policy Agenda
Jeffrey Owens
Director WU Global Tax Policy Center at
the Institute for Austrian and International Tax Law
Foundation For International TaxationMumbai, 1 December 2016
![Page 2: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/2.jpg)
Section A: The Economic and Public Finance Background
2
![Page 3: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/3.jpg)
Global economic growth failing to hit the highs of pre-crisis
3
-1%
0%
1%
2%
3%
4%
5%
6%
19
90
19
91
19
92
19
93
19
94
19
95
19
96
19
97
19
98
19
99
20
00
20
01
20
02
20
03
20
04
20
05
20
06
20
07
20
08
20
09
20
10
20
11
20
12
20
13
20
14
20
15
20
16
20
17
20
18
20
19
20
20
Global real annual GDP growth %
World GDP growth trend growth decade before crisis
Source: Oxford Economics forecasts updated August 2016; countries weighted at PPP exchange rates
► Global growth expected to slow to 2.9% in 2016
► Slowest since crisis
![Page 4: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/4.jpg)
Budget deficits falling but still, pressure on governments to cut expenditure and raise taxes
4
General Government Overall Balance among different groups of emerging
market economies, 2008–21; % GDP
-8
-6
-4
-2
0
2
4
6
8
20
08
09
10
11
12
13
14
15
16
17
18
19
20
21
Oil exporters Non-oil commodity exporters Commodity importers
Forecast
![Page 5: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/5.jpg)
-4
-2
0
2
4
6
8
10
12
Norw
ay
Sw
eden
Austr
alia
Canada
Spain
United K
ingdom
Pola
nd
Indonesia
Sw
itzerland
Bra
zil
Irela
nd
OECD
-Avera
ge
Austr
ia
United S
tate
s
Belg
ium
Neth
erlands
Icela
nd
Germ
any
India
South
Kore
a
Mexic
o
South
Afr
ica
Fra
nce
Port
ugal
Japan
Italy
Denm
ark
Turk
ey
Chin
a
Gre
ece
Arg
entina
Change in overall tax burden; percentage point change in
tax revenue % of GDP between 2004 &* 2014
OECD average
Governments have increased the tax take
5
![Page 6: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/6.jpg)
Developing countries are poor mobilizers of tax revenues
6
![Page 7: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/7.jpg)
Emerging Economies Need to Improve DRM
7
![Page 8: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/8.jpg)
8
Revenue from the corporate income tax (% of total revenue)
BEPS is of major significance for developing countries due to their heavy reliance on corporate income tax
Source: IMF staff estimates.Notes: Resource-rich counties excluded.
Figure shows medians with countries ranked by income per capita each year and divided into four equal-size groups.
88
![Page 9: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/9.jpg)
Section B: Tax Certainty
What do we mean and is
all uncertainty bad ?
9
![Page 10: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/10.jpg)
BEPS reforms as a source of uncertainty…and a way to resolve uncertainty?
BEPS has been a trigger for changes
All changes bring uncertainty … but some changes bring more uncertainty than others
www.ey.com/BEPShttp://www.ey.com/gl/en/services/tax/ey-beps-developments-tracker
10
![Page 11: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/11.jpg)
Country-by-Country Report (CbCR) Implementation status
11
![Page 12: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/12.jpg)
Harmful Tax Practices: Preferential Regimes
12
![Page 13: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/13.jpg)
Treaty Abuse(including EU Directive)
13
![Page 14: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/14.jpg)
PE related developments
14
![Page 15: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/15.jpg)
Dispute Resolution
15
![Page 16: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/16.jpg)
Other sources: EY Attractiveness Survey
BEPS only one source of uncertainty … General rules and complexity
Digital disruption – ill fitting tax regimes
Other non-BEPS changes
Retrospection
External – e.g. State Aid!
16
![Page 17: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/17.jpg)
Sources of tax uncertainty …Measuring corporation tax uncertainty across countries - Devereux
17
![Page 18: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/18.jpg)
Minimizing tax uncertainty
Consultation with business on policy design and implementation
Clear and consistently applied tax laws
Pre-empting uncertainty: APAs, rulings etc.
―Roadmaps‖ – stability of direction
Cooperative compliance
Alignment with global standards
Dispute resolution – domestic and international
18
![Page 19: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/19.jpg)
Section C: Designing tax systems which promote sustainable and inclusive growth
19
![Page 20: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/20.jpg)
Channels through which tax affect growth
Economic factor DescriptionMajor tax components
affecting the factorImpact
Employment levelTax policies can have a significant impact on the labourmarket & hence unemployment
Personal income tax, corporate income tax, social security contributions, payroll tax
High
Human capitalWith personal and corporate income taxes directlyaffecting labor income, it can distort labor demand and supply
Personal income tax, corporate income tax, social security contributions
High
Foreign Direct Investment
Tax policies; regimes; incentives & the level of uncertainty can have a significant impact on foot loose multinational foreign investment
Personal income tax, corporate income tax, SSC, GST, property, payroll
Medium-High
Factors of production
Taxes on production affect the costs of producing goods and services, and so can change the relative competitiveness of some sectors, and thus economic growth
Personal income tax, corporate income tax, GST, CGT Medium-High
EntrepreneurshipTax mix changes can have a significant impact on entrepreneurship by changing incentives, including businesses’ ability to invest & hire.
Corporate income tax, SSC High
Source: “Tax Policy Reform and Economic Growth”, OECD, accessed 201020
![Page 21: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/21.jpg)
Channels through which tax policy affects inequality
• Net wealth taxes and inheritance taxes are effective tools to narrow the distribution of wealth
Taxes can reduce inequalities in wealth
• PIT progressivity is the key tool to narrow the distribution of disposable income
Taxes can reduce disposable income inequality
• Taxes affect pre-tax opportunities and behaviours, e.g. tax and skills
Taxes can reduce market income inequality
• Intra-personal as opposed to inter-personal redistribution, e.g. SSCs to finance future benefits
The tax system can redistribute income across the lifecycle
But the best tools government have are education , social benefits and minimum wages
21
![Page 22: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/22.jpg)
Efficiency
and equity
implications
of taxes
Design of individual taxes
• Economic structure and challenges
• Interactions with benefit systems
• (Non-tax) drivers & characteristics of informality
• Social preferences for redistribution
• Existence of compensation mechanisms
• Time horizons
• Tax administration and tax enforcement
• Tax remittance
• Behavioural responses to tax changes
• Tax planning and income shifting
• Tax incidence
• International tax rules
Tax system factors
Non-tax system factors
A systems approach to tax design for inclusive growth
22
![Page 23: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/23.jpg)
Some tax policy design principles for inclusive growth
Taking into account overall
tax system progressivity
Broadening tax bases
Affecting pre-tax behaviours
and opportunities
Enhancing tax administration
and policy
Keep bases broad and rates low
Remove regressive
tax expenditures
Broaden social security financing
Equitable taxation of capital income and
wealth
Horizontal equity to enhance vertical
equity
Strengthen link between lifetime taxes & benefits
Compensate losers of reforms
Align private & social costs and returns
Promote the optimal use of human capital
Provide incentives for formalisation
Intergenerational and gender equity
Tackle tax evasion and avoidance
Increase business awareness in tax administration
1 2 43
23
Improve tax indicators/analysis
![Page 24: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/24.jpg)
Section D: Tax Competition for FDI and Services
24
![Page 25: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/25.jpg)
• 1980’s• Tax holidays in 40 percent of Sub-Saharan
Africa
• Now• Tax holidays in > 80 percent of Sub-Saharan
Africa
The spread of tax incentives
25
![Page 26: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/26.jpg)
26
● All started in Ireland ● Shannon first SEZ
● Many types● Export processing, SEZs for domestic markets
● Often non-tax benefits
● Widely seen as important in several countries in Asia● e.g. Work on China
● But wider experience mixed● No discernible impact on growth in India
● Much experience of risks to revenue
The spread of economic zones
26
![Page 27: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/27.jpg)
27
Are they good value for money?
• Econometrics suggests taxes do affect investment Maybe less in developing
countries
Mainly for location choices/greenfield
• But tax can significantly impact decisions on structure and financing of investment
• Redundancy often high
Would you have invested
also without the incentive?
Source: James (2014)27
![Page 28: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/28.jpg)
28
How much do they cost in terms of lost revenue?
• Revenue cost:
Where available, often (very) large
With high opportunity costs (scarce public
funds)
• Importance of tax expenditure reporting and reviews
Source: CIAT, 2014
0 0.5 1 1.5 2 2.5
Argentina
Peru
Paraguay
Dominican Republic
Costa Rica
Brazil
Chile
Mexico
Honduras
Colombia
Uruguay
Ecuador
CIT tax expenditure, in percent of GDP
28
![Page 29: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/29.jpg)
29
• Long-run (domestic) GDP elasticity of R&D ≈ 0.13‐ 40% more R&D will imply roughly 5% more
GDP (in 20 years)
• International spillovers could add to these effects‐ R&D in G7 yields 25% extra return outside G7
‐ Implies higher global Pigovian subsidy; and higher GDP effect (≈ 8%)
The impact of R&D incentives on growth
29
![Page 30: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/30.jpg)
30
Tax incentives which correct distortion
30
Australia Small firms: 45% refundable R&D tax creditLarge firms: 40% non-refundable R&D tax credit (capped)
US Regular: 20% R&D tax credit on incrementSimplified: 14% R&D tax credit on increment
China 150% R&D super deduction15% reduced CIT rate for high-tech firms
Germany No tax incentivesR&D subsidies: can be 25 -50 percent of R&D costs
Korea Either 40% of increment (50% for SMEs) ;Or between 2% and 25% on volume, depending on size
![Page 31: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/31.jpg)
31
Does the spread of patent boxes increase R&D?
Ineffective – no effect at all in two countries
Inefficient – relief depends on income, not R&D
Negative international spillovers – focus is on attracting mobile IP income (aggressive tax competition)
Synthetic Control Estimation Results: Intellectual Property Box and
Private R&D (Log of real R&D spending)
31Source : IMF estimates
![Page 32: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/32.jpg)
32
Some design principles…
32
• Cost based incentives preferred to profit based incentives
• Avoid tax holidays
• Fix term limits
• Avoid discretionary incentives
• Only MOF should be able to grant
• Integrate into regular budgetary process
![Page 33: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/33.jpg)
Moving from Competition to Coordination
33
● Global response
• BEPS action 5 and inclusive forum
● WTO
• Subsidies which distort trade flows
● Regional responses • EU Code of Conduct and State aid rules
• Regional groupings in LDC ( e.g. SADIC )
• ASEAN ( but only beginning )
● Second best solution: Developing best
practices guidelines and cooperation
![Page 34: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/34.jpg)
34
How does this link into the International Tax Debate
• Tax incentives not part of G20/OECD BEPS
– Action 5 on harmful tax practices—but mainly IP
More fundamentally:
• Does making avoidance harder increase tax competition:
- To offset increase in M/AETR?
- Or tighter CFC reduce incentives’ effectiveness
• Do narrowly-defined incentives guard against broader tax competition?
34
![Page 35: Moving from BEPS to a Broader Tax Policy Agendafitindia.org/downloads/1.5_jeffery_owens.pdf · uncertainty can have a significant impact on foot loose ... •Net wealth taxes and](https://reader031.vdocuments.site/reader031/viewer/2022030421/5aa86f8b7f8b9a72188b9d3c/html5/thumbnails/35.jpg)
35
Achieving sustainable and inclusive growth in India: The Tax Dimension
35
GST : Be true to original vision of low rate and broad base
Reduce CIT rate and eliminate distortionary incentives
Widen the PIT base
Modernize the taxation of land and buildings
Review case for inheritance and Net wealth taxes
Continue fight for better tax compliance