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European Parliament Committee on Economic and Monetary Affairs Proposes Digital Levy as New Own Resource if Pillar 1 Implementation is Delayed — Orbitax Tax News & Alerts

The European Parliament Committee on Economic and Monetary Affairs has published a draft opinion dated 26 August 2022 on proposed amendments to the European Commission's proposal to establish the next generation of own resources for the EU budget. The proposal, announced in December 2021, includes three new sources of revenue: the first based on revenues from emissions trading (ETS), the second drawing on the resources generated by the proposed EU carbon border adjustment mechanism, and the third based on the share of residual profits from multinationals that will be re-allocated to EU Member States under the recent OECD/G20 agreement on a re-allocation of taxing rights (Pillar 1). Considering delays in the implementation of Pillar 1, the draft opinion proposes certain amendments to the Commission proposal, which includes the possible introduction of a digital levy. The introduction of a digital levy had been considered earlier, but the proposal was put on hold in light of the agreement reached on the two-pillar solution in October 2021.

The main proposed amendment in the draft opinion is the addition of a new Recital 7a in the Commission's proposal as follows, which essentially calls for the introduction of a digital levy if progress is not made in implementing Pillar 1:

(7a) The successful implementation of the OECD/G20 IF Pillar 1 Agreement at international level is suffering delays and is not guaranteed. It is necessary for the Commission and the Member States to regularly reassess the situation and, if appropriate, submit a legislative proposal to introduce a digital levy in the absence of progress on the implementation of the OECD/G20 IF Pillar 1 Agreement. In any case, such a legislative proposal should be tabled in the absence of the ratification of a Multilateral Convention implementing Pillar 1 by a critical mass of countries by 31 December 2025. Such digital levy should then be considered an own resource of the Union.