Neither the minimum tax of fifteen percent nor the windfall tax will be tolerated by the Congress of the United States of America. Janet Yellen, the Secretary of the Treasury, is compelled to bury the agreement that was signed by 136 countries, despite the fact that she had lobbied for it on multiple occasions.
Since the United States Senate declined to approve the Treaty of Versailles and to join the League of Nations in 1920, we have been aware of this fact: when a nation is in the process of withdrawing from a conflict, there is no purpose in engaging in discussions. In the event that it is necessary to go via the Congress box, international.
There is no exception to the rule, and the significant OECD agreements on the taxation of multinational corporations that were signed with great pomp in October 2021 by 136 nations are no special exception. Even in the event that the elections in November are decided in a way that is overwhelmingly favorable to Democrats, there is no possibility that 67 out of 100 senators will ratify the accord in a very split Congress.
Janet Yellen, the Treasury Secretary under Joe Biden, who exerted a great deal of effort to get this agreement, is getting ready to withdraw from it. She recently brought up a “red line” on the simplification of transfer pricing, which is a technical matter that makes it possible to quantify profits in each country. However, the resolution of this issue will take years and will amount to renunciation.
The first pillar of the OECD agreement, which cannot be put into effect without the ratification of the United States, intends to impose a surcharge on multinational corporations, primarily those operating in the digital and pharmaceutical industries, that generate more than ten percent of their profits and more than twenty billion dollars (19 billion euros) in revenue.
The purpose of this change is to impose taxes on businesses at the point of consumption as well. This was done with the intention of preventing American titans from attaining significant turnover outside of the United States, particularly in Europe, while only paying taxes in the United States. According to simulations conducted by the OECD, this process ought to have resulted in a distribution of between 130 billion and 360 billion dollars over the course of ten years.
The process of ratifying this first pillar has been particularly drawn out. According to the official explanation, the delay can be attributed to differences between the United States and India. In point of fact, Republicans in Congress are preventing it from happening.
They express their opposition to the imposition of taxes on the intellectual property of their businesses and point out that their global corporations are already subject to taxes in the form of VAT that is paid by customers in Europe.
A “capitulation” to taxes
Jason Smith, the Republican representative of Missouri and the chairman of the committee that is equivalent to the finance committee, issued a warning in 2023 that stated, “We will not allow a bad deal negotiated by the Biden White House to allow foreign governments to steal American jobs, and we will not stand idly by while other countries use the global tax deal “the OECD to extract more than 120 billion dollars in American tax revenues over the next decade.” In September, he condemned what he called the “fiscal capitulation” of the Biden administration which took place in front of the OECD in Paris.
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