In this World Tax updates, we delve into detailed updates from the international tax arena, highlighting three major developments:
1. Netherlands Releases Detailed Guide on Implementing Pillar 2 Global Minimum Tax
The Dutch Tax Administration has published an in-depth guide for the Minimum Tax Act 2024, in accordance with the EU Council Directive 2022/2523 effective from December 31, 2023. Key elements of this guide include:
- Mandatory Annual Extra Tax Information Declaration: There is an obligation for entities to file an additional tax information declaration annually, with a provision for an extended deadline in the initial reporting year.
- Additional Tax Return and Payment Compliance: Entities must comply with filing an extra tax return and making payment if additional tax is owed, adhering to specific deadlines, including an extended period for the first year.
- Detailed Framework of Minimum Tax Act 2024: The guide elaborates on the scope, covering group entities with consolidated revenues over EUR 750 million, the criteria for qualifying income, tax considerations, methods for calculating additional tax, and implementation of the Qualified Domestic Minimum Top-Up Tax (QDMTT), Income Inclusion Rule (IIR), and Under taxed Profit Rule (UTPR). It also discusses various safe harbor provisions for simplifying compliance.
2. South Korea’s Amendment to Pillar Two Legislation with OECD Guidelines
South Korea has introduced amendments to its International Tax Adjustment Act (Law No. 19928), aligning it with the OECD’s latest administrative guidance on Pillar 2 global minimum tax regulations. This amendment:
- Incorporates GloBE Rules: It mandates the primary entity of a relevant Multinational Enterprise (MNE) group to be accountable for ensuring compliance across all constituent entities. The law also details the circumstances under which the responsibility shifts to intermediate parent entities.
3. EU General Court Dismisses Fugro NV’s Challenge to Global Minimum Tax Directive
The General Court of the EU has dismissed a legal challenge by Fugro NV against the Global Minimum Tax Directive (Council Directive EU 2022/2523). The court’s decision:
- Upholds the Directive’s Validity: The court ruled the lawsuit inadmissible, stating that Fugro NV did not have standing as it was not individually affected by the Directive, especially considering the exclusion of shipping income from its scope.
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