Implications of global minimum tax rate on investment environment
The concept of a global minimum tax rate, contained within a framework developed by the OECD/G20 Inclusive Framework, has caught the attention of numerous global companies. The Investor talks with Robert King, Indochina Tax Market Leader at EY, about his recommendations for implementation and maintaining an attractive investment environment.
How could the minimum tax rule impact Vietnam’s investment environment when implemented?
The concept of a global minimum tax rate is contained within a framework known as BEPS 2.0 Pillar 2 (“Pillar 2”). This framework has been developed by the OECD/G20 Inclusive Framework. There are 140 countries making up the Inclusive Framework, including Vietnam. While the details of the proposed new rules are still being developed and refined, 136 countries, representing more than 95% of global GDP, have supported the principle of the new framework. This is important, because as you will see, the proposed new rules could impact Vietnam’s investment environment even if Vietnam itself does not adopt them.
The concept of a global minimum tax was designed to counter what has been described as a “race to the bottom” in terms of countries lowering their corporate taxes to promote foreign investment. With increasing globalization and digitalization it is easier than ever before for large corporate groups to choose where they want to locate manufacturing and their support functions.
While many factors go into a decision about where to invest, one important point is the amount of tax levied in a particular location. In this regard countries trying to attract foreign investment offer tax incentives. The higher the tax incentive the more attractive the destination to the foreign investor. Vietnam offers tax incentives in the form of a tax free period and reduced tax rate to promote investment in specific locations, specific sectors and of a particular scale. Many other ASEAN countries also offer incentives.
Pillar 2 will introduce a number of different mechanisms designed to achieve a minimum tax rate in each country in which a large multinational group operates. The precise rules are complex, but broadly speaking a multi-national group will need to assess, on a country-by-country basis, whether their effective tax rate in that country is more or less than 15%. If it is less that 15%, some form of top-up tax may be levied to bring the tax up to the 15% minimum.
To use Vietnam as an example. If a large multi-national group’s effective tax rate on its Vietnamese operations is less than 15% (for example because the Vietnam subsidiaries are enjoying tax incentives) and the country where the head company of the group is based has introduced Pillar 2, then the head company in the group (referred to as the Ultimate Parent Entity in the Pillar 2 Model Rules) would be required to pay additional tax in that country to make up for the underpayment of tax in Vietnam.
If the headquarter country has not introduced Pillar 2, and there are other intermediary companies between the Ultimate Parent Entity and Vietnam subsidiary, or there are sister companies, and any of those companies are located in countries that have introduced Pillar 2, then the top-up tax could be levied in those countries. This is why these rules can create a tax liability in respect of profits earned in Vietnam even if Vietnam itself does not implement the rules.
To the extent a global minimum tax liability reduces or negates the benefit of a tax incentive, this will have a detrimental effect on the return on investment of corporate groups that have already made an investment on the basis of a tax incentive. This is likely to be seen as an unfair outcome when the investment was made in good faith on the rules available at the time.
Secondly, for companies who have not yet invested, they will have to factor in the global minimum tax in their investment decision. Therefore, to the extent that the tax incentives are one of the attractions of investing in Vietnam, this could make Vietnam a less attractive destination. It should however be noted that other countries offering tax incentives will encounter similar issues.
Could you please share the implementation schedule of this rule?
There are a number of components to Pillar 2, but it was originally hoped that the core rules would be introduced in 2022 and take effect from 2023. It is looking increasingly likely that this timeframe will be pushed back by 12 months. Ultimately however the implementation is a sovereign issue. So while the majority of countries may be expected to implement new rules in 2024 there may be some early adopters in 2023 and late adopters in 2025.
Currently more than 140 countries endorsed BEPS 2.0. How do other countries react to implementing the rule, specially for developing countries like Vietnam?
It is too early to tell how countries will deal with the impact of the global minimum tax on foreign investment. What is important at this stage is to properly understand how the rules will impact existing investors, and the likely impact on future investors, and to assess what changes may be required to the domestic tax regime as well as the incentives offered.
We would therefore recommend the establishment of a working group to analyze these matters and make appropriate recommendations to policy makers.
We would also strongly recommend that corporate groups model the impact of these proposed new rules on their operations. This will help them make appropriate recommendations to such a working group as well as government policy makers.
What is clear is that attracting foreign investment will remain critical to all countries, both developed and developing. Pillar 2 will not change that. Countries will still be competing for investments, and such things as the operating environment, supporting infrastructure, access to transport, political stability and workforce will gain even more importance. Countries will therefore need to assess what the new balance should be between tax incentives, other financial incentives, and investing in its operating environment in the world of Pillar 2. In this assessment it should not just be the potential new investors that are considered but existing ones too.
Vietnam and other developing countries with the same circumstances may require a transitional provision like extending the application period by two-three years. What are your recommendations for implementing the minimum tax rule and maintaining an attractive investment environment to big investors in Vietnam?
Under Pillar 2, if Vietnam does not tax impacted companies at the minimum 15% tax rate, profits will likely be taxed in another country. Therefore, Vietnam should consider adapting its domestic tax rules by levying tax up to the minimum tax rate, otherwise it effectively loses its taxing rights to another country.
To the extent that Vietnam does decide to increase its domestic tax so that it does not lose its right to tax, Vietnam may separately consider having other policies to incentivize foreign investment, or existing investors, in different ways. This could be some kind of grant to reimburse particular expenditure, cheap financing, provision of workplace benefits, supporting infrastructure etc.
- Read More
Taiwan’s Cooler Master gets nod for $125 mln additional investment in northern Vietnam
Taiwan-headquartered Cooler Master, a global computer hardware giant, especially in cooling devices, will invest an additional $125 million in the northern province of Bac Ninh, according to a project report.
Industries - Sun, November 17, 2024 | 10:00 am GMT+7
Vingroup’s hospitality arm Vinpearl becomes public company as part of listing plan
Vinpearl JSC, a hospitality subsidiary of conglomerate Vingroup, has completed its registration as a public company, the State Securities Commission of Vietnam (SSC) said on Friday.
Companies - Sun, November 17, 2024 | 9:00 am GMT+7
Construction of $2.3 bln central Vietnam LNG power plant to restart in 2026
Construction of the 1,500-MW Hai Lang Power Center project in Quang Tri province will restart on January 1, 2026, the project investor has informed local authorities.
Energy - Sun, November 17, 2024 | 8:00 am GMT+7
Vietnam-China partnership to enable export of Kim Long brand cars
Vietnam’s Kim Long Motor and Futa Group have struck a strategic cooperation agreement with China’s Dongfem Dana that will enable the production and export of cars under the Kim Long brand, executives said Friday.
Companies - Sat, November 16, 2024 | 7:13 pm GMT+7
Northern Vietnam province attracts $124 mln investment from Taiwan firm
Taiwan-based Nien Made Enterprise Co., Ltd. will invest $124.1 million to make furniture accessories at Phu Ha Industrial Park in the northern province of Phu Tho.
Industries - Sat, November 16, 2024 | 7:01 pm GMT+7
Vietnam’s first LNG-fired power plants to enter commercial operation in Jun-Sept 2025
Nhon Trach 3 and Nhon Trach 4, Vietnam’s first LNG-to-power plants, will begin commercial operations in June and September 2025, respectively, says project investor PV Power.
Energy - Sat, November 16, 2024 | 3:20 pm GMT+7
Vinhomes spends $276 mln on buying back 162 mln shares, more than half to go
Vinhomes, the largest housing developer in Vietnam, has spent around VND7 trillion ($275.7 million) on implementing its record buyback plan since kick-starting it on October 23.
Finance - Sat, November 16, 2024 | 1:21 pm GMT+7
Indonesia secures funding for green power infrastructure at COP29
Indonesia has attracted EUR1.2 billion ($1.26 billion) worth of green funding for the electricity sector from Germany’s Kreditanstalt für Wiederaufbau (KfW) at the 29th UN Climate Change Conference of the Parties (COP29) in Baku, Azerbaijan.
Southeast Asia - Sat, November 16, 2024 | 10:10 am GMT+7
Hanoi-based fledgling firm spends $12.3 mln on buying 17.2 mln shares of lender VIB
Hanoi-based Quang Kim Development and Investment JSC acquired 17.2 million shares of Vietnam International Commercial Joint Stock Bank (HoSE: VIB) on Monday.
Banking - Sat, November 16, 2024 | 9:47 am GMT+7
Vietnam can utilize Trump’s policies to enhance position in global supply chains: experts
Vietnam can take the advantage of protectionist economic policies by Donald Trump, the 47th president of the U.S., to strengthen its position in global supply chains, attract foreign investment, and drive sustainable economic growth, write Dr. Tran Ngoc Mai and Prof. Dr. Doan Ngoc Thang, lecturers at the Banking Academy of Vietnam.
Top News - Sat, November 16, 2024 | 9:30 am GMT+7
Former provincial Party chiefs receive warnings for Thuan An Group-related violations
The Politburo, Vietnam’s highest decision-making body, has issued warnings to Nguyen Xuan Ky, former Party chief of Quang Ninh province, and Bui Van Cuong, former Party chief of Dak Lak province, for violations related to Thuan An Group.
Politics - Sat, November 16, 2024 | 9:24 am GMT+7
GenAI set to increase Thai GDP by 6% by 2030
Generative artificial intelligence (GenAI) is projected to raise Thailand's GDP by 6% by 2030, with hefty contributions from the trade and manufacturing sectors, according to a joint online survey by SCB X and SCB Economic Intelligence Centre (SCB EIC) of the country.
Southeast Asia - Sat, November 16, 2024 | 9:00 am GMT+7
Thailand prepares for nuclear energy
Thailand’s Energy Regulatory Commission (ERC) will start looking into the legal aspects of a small modular reactor project this month to prepare Thailand for using nuclear energy.
Southeast Asia - Sat, November 16, 2024 | 8:30 am GMT+7
Data is money, big money: Vietnam tech giant FPT
Vietnamese tech giant FPT Corporation views data as a new resource and is determined to convert it into money and an artery of the economy, says its general director Nguyen Van Khoa.
Companies - Sat, November 16, 2024 | 7:18 am GMT+7
US to support Indonesia in developing small modular nuclear reactors
The U.S. has pledged to assist Indonesia in accelerating the development of small modular nuclear reactors (SMRs), according to Indonesia's Presidential Office.
Southeast Asia - Sat, November 16, 2024 | 12:13 am GMT+7
Singapore's venture capital market grows increasingly attractive
Despite a slump in funding, Singapore’s venture capital market remained active in the first nine months, The Straits Times reported.
Southeast Asia - Sat, November 16, 2024 | 12:08 am GMT+7
- Travel
-
Indian billionaire to visit Vietnam’s Ha Long Bay with 4,500 employees
-
Vietnam in talks on visa exemptions with 15 countries to boost tourism
-
Foreign businesses in Vietnam urge relaxation of visa, work permit requirements
-
AI can be a game changer for Vietnam tourism
-
Google Doodle honors world's largest cave Son Doong
-
Four Vietnam airports to suspend operations as typhoon 'strongest in a decade' approaches