Agreement reached on a Pillar Two compromise paving the way for US cooperation

This week the OECD published the details of the Pillar Two Side-by-Side Package, which paves the way for US cooperation with the Pillar Two initiative. The agreement exempts US headquartered multinationals from most of the Pillar Two rules (implemented in Ireland under the EU Minimum Taxation Directive). The compromise reached will see countries that operate a minimum tax system with similar policy objectives and overlapping scope as Pillar Two granted ‘Side-by-Side’ status (SbS).  

Importantly from an Irish perspective, the report notes that qualified domestic minimum top-up taxes (QDMTTs) aligned with the Pillar Two rules will continue to apply to Irish subsidiaries of US-headquartered companies. As such, QDMTTs should continue to be collected in Ireland and an even playing field should be maintained as a result. 

The Inflation Reduction Act in the US introduced a new corporate alternative minimum tax (CAMT) of 15 percent effective for tax years beginning after 2022. As such, the same minimum tax rate that applies to US and Irish headquartered entities. This is naturally key to ensuring that the compromise agreement does not immediately provide a competitive advantage to companies headquartered in the US over similar entities headquartered in Europe and other jurisdictions implementing Pillar Two. 

In addition to the SbS Safe Harbour, the package also brings broader simplifications, including a simplified effective tax rate safe harbour, the extension of the transitional country-by-country reporting (CbCR) safe harbour, as well as a substance-based tax incentive safe harbour.