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.