Tax
OPINION OF THE WEEK: Trump Deals Early Blow To Tax Harmonisation
In his flurry of edicts, President Donald Trump has pulled the US out of a global minimum corporate tax pact, effectively squashing the concept and going against a plan of his predecessor. The editor mulls the implications.
Don’t say you weren’t warned that the next few weeks would be
busy. On tax, Donald Trump is making a splash. The issue is how
this might affect HNW individuals and their advisors. For those
with significant beneficial ownership of corporations with
overseas earnings, Trump may be causing them to uncork the
champagne.
This week, in the blizzard of executive orders, Trump declared
that a global corporate minimum income tax, as proposed in 2021
by his predecessor, was dead as far as the US is concerned. The
notion has no force and effect in the US, he said.
Since former President Joe Biden proposed such a minimum tax –
set at 15 per cent and adopted by the European Union, the UK and
other countries – the move was seen to curb companies' ability to
salt away earnings in low/no-tax jurisdictions. For example, for
years, Ireland and Luxembourg (both EU member states) were
attractive as corporate domiciles, among others. These places
attracted critics who were worried that big US firms such as
Apple, Amazon and Microsoft were paying less tax than they
should. On the other hand, critics of a harmonised minimum tax
rate, such as the CATO Institute think tank in Washington DC,
argued that this amounted to a tax “cartel.”
In a presidential memorandum, Trump has also ordered the US
Treasury to prepare options for "protective measures" against
countries that have – or are likely to – put in place tax rules
that disproportionately affect US companies.
Trump may be issuing the funeral rites on a process that never
quite got off the ground in the US anyway. Congress did not
approve measures to bring the US into compliance with such a
minimum tax; at present, the country has a global minimum of
about 10 per cent, and that came in with the 2017 Tax and Jobs
Act under the first Trump tenure. (There is also speculation
about what will happen to the sunset clauses regarding the
changes in thresholds on estate taxes and other measures –
see here for analysis.)
An article in Reuters this week noted that countries
that have adopted the 15 per cent global minimum tax may be able
to collect a "top-up" tax from US companies paying a lower rate.
Trump's memo referred to such actions as "retaliatory."
In the executive order, it said: "This memorandum recaptures our
nation’s sovereignty and economic competitiveness by clarifying
that the Global Tax Deal has no force or effect in the United
States."
Whatever the merits of ending such a minimum tax pact may be from
the point of view of, say, offshore centres, it would be a
mistake to think that the 47th President of the United States has
struck an emphatic blow for competition. He’s keen on tariffs –
which are taxes, however one tries to dress them up – and these
typically go hand in hand with catering to certain vested
interests. But undoubtedly this is a move back to a more
jurisdictional variety on tax, for those places happy to take
advantage of it.
Given the broadly Rightward shift in politics we are seeing in
parts of Europe and North America, Trump’s executive order also
suggests that we are now a long way from calls in governments
for harmonised taxes on the “one per cent” or suchlike, as I
have occasionally heard about, although these always strained
credulity.
Trump has occasionally made noises about how individual taxes apply to expat Americans, encouraging groups such as American Citizens Abroad to urge him to move the US away from its worldwide system of tax. Time will tell if that ever happens – that might still be a step too far, even for President Trump.