From BEPS To Fair Taxation: Exploring The Two Pillar Solution

From BEPS To Fair Taxation: Exploring The Two Pillar Solution

From BEPS To Fair Taxation: Exploring The Two Pillar Solution

  • Posted by admin
  • On September 6, 2023
  • Rajesh Khairajani, US


Shishir Lagu
Partner - US Tax

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From BEPS To Fair Taxation: Exploring The Two Pillar Solution

In the face of the evolving digital economy, the traditional tax rules have struggled to cope with the complexities of global business. The resulting concerns over Base Erosion and Profit Shifting (BEPS) prompted the Organisation for Economic Co-operation and Development (OECD) to devise a groundbreaking solution – the Two Pillar approach.


A central component of the broader initiative “Tax Challenges Arising from Digitalisation,” Pillar Two represents a crucial stride in addressing tax matters for multinational enterprises (MNEs).


Pillars One and Two tackle digitalization-related tax challenges but focus on distinct aspects. While Pillar One addresses digital economy challenges, Pillar Two targets the unintended tax advantages MNEs gain through their internal transactions.


Pillar One – The Unified Approach

Pillar One introduces revolutionary changes to profit allocation and nexus rules. It aims to tax large MNEs operating globally, even without a physical presence, by reallocating a portion of their profits to jurisdictions with significant consumer bases. The central concept is to ensure profits reflect economic activity and user engagement in various markets.


Pillar One’s application hinges on MNEs generating a minimum revenue threshold in a market jurisdiction. The proposed criteria aim to capture profits fairly and reflect economic impact accurately.


Through a formulaic model, Pillar One ensures that MNEs contribute taxes based on their activities and engagement. This novel approach strives for equitable distribution of taxing rights, rectifying the outdated physical presence-based taxation.


Pillar Two – The Global Minimum Tax

Complementing Pillar One, Pillar Two establishes a minimum effective tax rate (ETR) of 15%, thwarting harmful tax competition. This ensures that MNEs face uniform taxation across jurisdictions and maintain tax revenues.


Pillar Two comprises the Global Anti-Base Erosion (GloBE) Rules and the Subject to Tax Rule (STTR). GloBE rules empower jurisdictions to tax when low-tax nations falter. The Income Inclusion Rule (IIR) enforces top-up taxes on under-taxed income. The Undertaxed Payment Rule (UTPR) acts as a safety net.


STTR allows source jurisdictions to levy withholding taxes on certain cross-border payments to protect their tax base.


Implications and Implementation

The impact of Pillar Two varies based on agreements and scope. Businesses are closely observing negotiations to understand its implications.


The OECD envisions a phased approach, with Pillar Two anticipated to take effect in 2024. The EU is leading by adopting the Minimum Tax Directive.

Countries like Japan, the UK, and Switzerland are enacting domestic legislation to align with GloBE Rules. Denmark, New Zealand, Germany, and others are drafting legislation to adopt Pillar Two.


At KNAV, we are committed to guiding you to navigate this transformative landscape. By ensuring compliance, managing risks, and optimizing outcomes, we empower clients to navigate the complexities of global taxation confidently.

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