필라2 글로벌최저한세에서 국내기업의 주요 고려사항

Abstract

With economic globalizsation and digitization of transactions have appeared, it has become more difficult to address international taxation issues with non-physical presence of the economy. Accordingly, the OECD and the G20 formed a joint cooperative body to address BEPS from September 2013, disclosed a 15-point Action Plan in 2015, and established the OECD/G20 Inclusive Framework on BEPS in 2016. Following Action 1 dealing with tax challenges of the Digital Economy, discussions have proceeded in two ways, and through the agreement of more than 135 jurisdictions participating in the Inclusive Framework in 2021, the Global Anti-Base Erosion (GloBE) model rules governing the pPillar 2 global minimum tax was announced and, subsequently, related Commentary and Examples were released. Korea, as a participant in the Inclusive Framework, has enacted the global minimum tax in Chapter 5 of the Adjustment of International Taxes Act through tax reform in 2022, which will be effective from 2024. This article identifies significant issues which can charge Top-up Tax to domestic corporations and review from the taxpayer's perspective, measures addressing these issues. The issues are as followings: ① The case where the domestic alternative minimum tax system cannot secure the entity's Effective Tax Rate due to tax credit or reduction which are not within the scope of alternative minimum tax system. ② Any Recaptured Deferred Tax Liability are determined to the extent that deferred tax liability was previously taken into account but was not paid within five subsequent Fiscal Years. ③ Minority-Owned Constituent Entities rule restricts the offset effects that the low Effective Tax Rate of one Constituent Entity can be diluted with the high Effective Tax Rate of other Constituent Entities due to low ownership percentage. ④ Due to the tax position of investment trust and the non-existence of dividend conditions for non-taxation, the advantage of the Taxable Distribution Method Election on investment trust can be undermined. ⑤ According to the intent of GloBE model rules disallowing carry-forward of permanent differences, Additional Current Top-up Tax can be triggered by no Net GloBE Income and negative permanent differences. ⑥ Possibility of avoiding entirely or partially Top-up Tax through spin-offs or distributions of non-cash assets to owners. ⑦ When goodwill, which is not recognizsed by the exception rule of recognition of deferred tax liabilities and non-taxable, are is impaired, the Effective Tax Rate can be escalated. Issues ①~⑤ are cases in which the burden of Top-up tax is charged, whereas issues ⑥~⑦ are measures for entities to avoid or mitigate GloBE effects. However, it is necessary to keep in mind that issues described in this article may not apply if the safe harbor rules are finalized in the future.