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G20 Finance Ministers Endorse Landmark OECD/G20 Inclusive Framework Agreement: New Rules Likely to Put Added Pressure on Existing Transfer Pricing Rules

By Jenny A. Austin, Lucas Giardelli, Kenneth Klein, Michael Lebovitz, Jason M. Osborn, Tyler M. Johnson & Amit S. Neuman on October 15, 2021
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On October 13, 2021, the G20 Finance Ministers and Central Bank Governors issued a Communiqué formally endorsing the political agreement reached by 136 countries of the OECD/G20 Inclusive Framework on Base Erosion and Profit Shifting (IF) on a two-pillar framework to dramatically change the taxation of multinational enterprises (MNEs). The  Communiqué calls on the IF “to swiftly develop the model rules and multilateral instruments. . .with a view to ensure that the new rules will come into effect at global level in 2023.” The Finance Ministers’ endorsement is an intermediate step concluded in anticipation of the G20’s full approval of the agreement to be considered at the next G20 meeting in Rome at the end of October.

As discussed in our recent Legal Update, the IF had announced the landmark 136-country agreement just five days earlier on October 8, 2021. Importantly, the agreement would reallocate $125 billion of annual profit to countries that would not otherwise tax such profits under current international tax norms and require that all profits be subject to a global minimum tax rate of 15%. To reallocate such profits, the agreement relies in large part on a new formulary taxing right called “Amount A.” Specifically, Amount A reallocates 25% of the residual profits (i.e., profits in excess of a 10% margin) of approximately 100 of the world’s largest and most profitable MNEs from the jurisdictions that currently earn the residual profits to the MNE’s market jurisdictions. While Amount A is an explicitly non-arm’s length allocation, it operates as an overlay rather than an override to the existing transfer pricing rules. This will likely create complex interactions between the new and existing rules that will put additional pressure on existing transfer pricing methodologies and create the potential for double taxation. This in turn will put added pressure on the new multilateral mandatory dispute resolution mechanism that the agreement contemplates will be put in place to resolve Amount A-related disputes.

Click here for the complete Legal Update.

Photo of Jenny A. Austin Jenny A. Austin

Jenny Austin is a partner in Mayer Brown’s Chicago office and a member of the Tax Controversy practice. She concentrates her practice on federal tax controversy and litigation, working across all industries, including medical device, pharmaceutical, health care, retail, and technology companies. She…

Jenny Austin is a partner in Mayer Brown’s Chicago office and a member of the Tax Controversy practice. She concentrates her practice on federal tax controversy and litigation, working across all industries, including medical device, pharmaceutical, health care, retail, and technology companies. She guides clients through all stages of tax controversies, from Internal Revenue Service (IRS) audits to administrative appeals, alternative dispute resolution proceedings, and litigation. Jenny is prepared to respond to a variety of both domestic and international issues that the IRS audits and challenges. Jenny favors strategies to resolve issues successfully with the IRS at the earliest possible stage without litigation.

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Photo of Michael Lebovitz Michael Lebovitz

Michael Lebovitz is a partner in Mayer Brown’s Tax Transactions & Consulting practice. Mike advises on the tax aspects of international joint ventures, cross-border mergers and acquisitions, post-transaction integration, international corporate finance, capital market transactions and general international tax planning matters across multiple…

Michael Lebovitz is a partner in Mayer Brown’s Tax Transactions & Consulting practice. Mike advises on the tax aspects of international joint ventures, cross-border mergers and acquisitions, post-transaction integration, international corporate finance, capital market transactions and general international tax planning matters across multiple industries including life sciences, media and entertainment, telecom, technology, oil and gas, and industrial and consumer products.

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Photo of Jason M. Osborn Jason M. Osborn

Jason Osborn is a Tax partner in the firm’s Washington DC office. He provides sophisticated transfer pricing and international tax advice to multinational clients in wide range of industries, including financial institutions, pharmaceuticals, chemicals, software, automotive, consumer products, energy and transportation.

Jason re-joined…

Jason Osborn is a Tax partner in the firm’s Washington DC office. He provides sophisticated transfer pricing and international tax advice to multinational clients in wide range of industries, including financial institutions, pharmaceuticals, chemicals, software, automotive, consumer products, energy and transportation.

Jason re-joined Mayer Brown in 2013 after holding transfer pricing-related positions with Internal Revenue Service (“IRS”) from 2008-2012, initially as a team leader in the Advance Pricing Agreement (“APA”) Program and subsequently as a manager in the transfer pricing branch of the Office of Associate Chief Counsel (International). Leveraging this IRS experience, Jason brings to the table a unique and insider’s perspective in advising clients on complex transfer pricing matters and negotiating APAs. Prior to his IRS service, Jason was a senior Tax associate at Mayer Brown focused on transfer pricing matters.

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Photo of Tyler M. Johnson Tyler M. Johnson

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  • Posted in:
    Tax
  • Blog:
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  • Organization:
    Mayer Brown
  • Article: View Original Source

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