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2019

The Peter A. Allard School of Law

Tax Law

Profit attribution

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Full-Text Articles in Law

The Superiority Of The Digital Service Tax Over Significant Digital Presence Proposals, Wei Cui Jul 2019

The Superiority Of The Digital Service Tax Over Significant Digital Presence Proposals, Wei Cui

All Faculty Publications

Responding to calls for reallocating taxing rights over multinationals’ profits to reflect the place of user value creation, the OECD recently announced a Program of Work to implement international tax reform. I use the European Commission’s 2018 proposal to introduce the “significant digital presence” concept into income tax treaties as an example of the type of approach the OECD favors, and argue that it is inferior to recently proposed digital services taxes (DSTs). DSTs directly address the question of where profits should be allocated and taxed, while SDP proposals subordinate this vital question to superfluous treaty conventions. Global tax coordination …