TAX POLICY BREW FOR June W3 2024

Global Minimum Tax: Accelerated Implementation and Guidance

• Spain: Draft bill introduces IIR and QDMTT from 31 December 2023, UTPR from 31 December 2024.

• OECD: Released guidance on CbCR Safe Harbour and Transitional Qualification Mechanism for recognizing qualified GloBE rules.

• Norway: Consulting on UTPR implementation from 2025, following IIR and domestic minimum top-up tax introduction for 2024.

Emerging Trends in Digital Economy Taxation

• Poland: DAC7 implementation effective July 1, 2024, requiring digital platforms to report seller income.

• Tanzania: Introducing 3% withholding tax on income from digital asset transfers, with platform owners responsible for withholding.

• Germany: Draft guideline for mandatory B2B e-invoicing from January 1, 2025, signaling a shift towards digital tax administration.

Strategic Tax Incentives for Technology and Innovation

• Malaysia: MD Tax Incentive offers 0% rate on qualifying IP income, 5-10% on non-IP income for up to 10 years for new investments.

• Mauritius: Extending 15% investment tax credit to artificial intelligence and patents; 80% exemption for Robotic and AI Advisory Services license holders.

• Pakistan: Introducing tax holidays for manufacturers of electric vehicles, batteries, and charging equipment.

Climate-Related Tax Measures Gaining Momentum

• Mauritius: Introducing 2% Corporate Climate Responsibility levy on company profits, exempting firms with turnover below MUR 50 million.

• Uganda: Increasing excise duty on petrol and diesel by UGX 100 per liter.

• Tanzania: Introducing 0% VAT rate on gold sold to the central bank and domestic refineries, potentially encouraging local processing.

Evolving Approach to Capital Gains Taxation

• Pakistan: Introducing flat 15% rate on gains from immovable property acquired after July 1, 2024, simplifying the previous system.
• Uganda: Exempting capital gains tax on private equity and venture capital investments to incentivize these sectors.

• Tanzania: Implementing 2% final withholding tax on payments for agricultural, pastoral, fishing, and forestry products.

Insights:

1. The accelerated implementation of the Global Minimum Tax, particularly the early adoption of the UTPR by some countries, may create complexities for multinational enterprises operating across jurisdictions with different implementation timelines. Companies should prepare for potential double taxation risks in the short term.

2. The trend towards digital taxation and reporting (e.g., Poland’s DAC7 implementation, Tanzania’s digital asset tax) signals a shift in how countries are addressing the tax challenges of the digital economy. This may lead to increased compliance burdens for digital platforms and could potentially impact their business models.

3. The introduction of targeted tax incentives for technology and innovation (e.g., Malaysia’s MD Tax Incentive, Mauritius’ AI incentives) suggests that countries are competing to attract high-tech investments. This trend could lead to a new form of tax competition focused on knowledge-based industries.

4. The emergence of climate-related tax measures (e.g., Mauritius’ Corporate Climate Responsibility levy) indicates that environmental considerations are becoming a significant factor in corporate tax policy. Companies may need to factor in these new costs when making investment decisions.

5. The simplification of capital gains tax regimes (e.g., Pakistan’s flat rate for property gains) alongside targeted exemptions (e.g., Uganda’s private equity exemption) suggests a dual approach of broadening the tax base while incentivizing specific types of investments. This could influence investment strategies and asset allocations.

These developments collectively point to a more complex, digitalized, and purpose-driven tax landscape emerging globally, with implications for corporate strategy, compliance, and investment decisions.