Impuesto mínimo global y estimulos a la inversión directa

Abstract

The OECD/G20 Inclusive Framework has agreed a “common approach” on Pillar Two. The GloBE rules introduce a new extraterritorial top-up taxation in order to “re-taxed” the income obtained by Multinationals Enterprises (MNE) abroad. In our opinion, the global minimum tax is an anti-competition mechanism which does not contribute to right balance between capital export neutrality (CEN) and capital import neutrality (CIN), and its introduction responds solely to collection reasons of some governments that need to increase their budgets. On the other hand, the global minimum tax is an unprecedented attack on the use of tax incentives in the corporate income tax (CIT) as an optimal instrument to attract foreign direct investment (FDI). Finally, it should be noted that the new top-up taxation requires, necessarily, to modify the network of Double Taxation Agreements in force in each country, in accordance with the provisions of the Vienna Convention on the Law of Treaties.