Tax Challenges Arising from Digitalization: Evaluating the Taxation Models Proposed by the European Commission and the OECD

Paulius Čerka

Vytautas Magnus University , Lithuania

Jurgita Grigienė

Vytautas Magnus University , Lithuania

Karolina Venslovaitytė

Vytautas Magnus University , Lithuania


Abstract

The world has entered a period of deep transition with rapid and phenomenal development of innovations. The rise of the digital economy has dramatically changed the global business environment, creating new challenges for the tax system. Newspapers and magazines are being replaced by the Internet, and trade in material goods – by digital services. The digital economy eliminates the barriers of time, space and distance. The server where the transaction is processed, the location from which the goods or services are supplied and the place of supply of such goods or services are in different jurisdictions, therefore, the question “Where should the transaction be taxed?” is raised. Meanwhile, the digital economy opens up unprecedented opportunities to avoid taxes with the international tax rules which are still “stuck” in 20th-century business concepts, because the companies operating in the digital space do not need factories, stores or other permanent residences to develop their activities. This article aims to evaluate the efforts of the European Union and international standard-setting entities to find a solution for fair taxation of the digital economy. The first part of the article delves into the concept of the digital economy and its essential features with a special emphasis on the role of the digital service user which is unique and more complex than the role usually played by the customer. This part also analyses the differences between digital and traditional business. The second part of the study emphasizes the reasons that will lead to the necessity of taxation of the digital economy, discusses the digital services tax applied in certain countries of the European Union and highlights the weakness of the concept of digital establishment in double taxation agreements concluded by the countries. The final part explores the proposals submitted by the European Commission regarding the introduction of a common consolidated corporate tax base and the inclusion of the concept of virtual permanent establishment in the tax system in the context of the digital economy taxation model proposed by international organizations.

Keywords:

digital economy, taxation, digital business models, profit tax, EU tax policies



Balladares, Sofía, Mona Barake, and Enea Baselgia. “Digital Service Taxes Kane Borders,” June 2023. Accessed May 9, 2023. https://www.taxobservatory.eu/www-site/uploads/2023/06/EUTO_Digital-Service-Taxes_June2023.pdf.

Barata, Marina. “A Consensus Solution for the Taxation of the Digital Economy.” UNIO – EU Law Journal 7, no. 1 (2021): 120–37. Accessed May 10, 2023. https://revistas.uminho.pt/index.php/unio/article/view/3576/3631. (Crossref)

Bird & Bird. “Digital Services Tax in France.” Accessed October 24, 2023. https://www.twobirds.com/en/insights/2019/global/digital-services-tax-in-france.

Chaffey, Dave, David Edmundson-Bird and Tanya Hemphill. Digital Business and E-commerce Management. UK: Pearson, 2019. Accessed September 10, 2023. https://books.google.lt/books?hl=en&lr=&id=oYufDwAAQBAJ&oi=fnd&pg=PT23&dq=traditional+business+vs+digital+business&ots=Oolvhu-Dfq&sig=l0tmUgHSALRHTtABtFtD_XsBp2s&redir_esc=y#v=onepage&q=traditional%20business%20vs%20digital%20business&f=false.

Congressional Research Service: Informing the legislative debate since 1914. “Section 301 Investigations: Foreign Digital Services Taxes (DSTs),” updated 1 March 2021. Accessed May 10, 2024. https://crsreports.congress.gov/product/pdf/IF/IF11564.

Council of the European Union. “Code of Conduct Group (Business Taxation).” Accessed September 4, 2024. https://www.consilium.europa.eu/en/council-eu/preparatory-bodies/code-conduct-group/.

Dąbrowski, Łukasz Dawid, and Magdalena Suska. The European Union Digital Single Market: Europe’s Digital Transformation. London, New York: Routledge, 2022. (Crossref)

Darmanin, Andrea, and Kirsten Debono Huskinson. “The Countdown to Pillar One Begins.” ITR. Accessed November 7, 2023. https://www.internationaltaxreview.com/article/2a6aafin5m44msd672q68/the-countdown-to-pillar-one-begins.

Devereux, Michael P., and Rita de la Feria. “Designing and Implementing a Destination-Based Corporate Tax.” Oxford University Centre for Business Taxation WP 17, no. 7 (2014): 1–22. (Crossref)

Dillet, Romain. “Google to Pay $549 Million Fine and $510 Million in Back Taxes in France.” Tech Crunch. Accessed October 25, 2023. https://perma.cc/B24J-AVH7.

European Commission. “Fair Taxation for the Digital Economy.” Accessed May 8, 2023. https://taxation-customs.ec.europa.eu/system/files/2018-03/factsheet_digital_taxation_21032018_en.pdf.

Hebous, Shafik, and Alexander Klemm. “Destination-Based Taxation: A Promising but Risky Destination.” In Corporate Income Taxes Under Pressure: Why Reform Is Needed and How It Could Be Designed, edited by Alexander D. Klemm, 265–81. Washington, DC: International Monetary Fund, 2021.

Juozapaitienė, Ramunė. Overview of the Lithuanian Innovation Ecosystem. Vilnius: Government Strategic Analysis Centre, 2021. Accessed May 3, 2023. https://osp.stat.gov.lt/services-portlet/pub-edition-file?id=36260.

Karnosh, Katherine E. “The Application of International Tax Treaties to Digital Services Taxes.” Chicago Journal of International Law 21, no. 2 (2021): 513–47. Accessed May 15, 2023. https://chicagounbound.uchicago.edu/cjil/vol21/iss2/8.

Kaźmierczak, Mateusz. “EU Proposal on Digital Service Tax in View of EU State Aid Law.” Financial Law Review 25, no. 1 (2022): 93–109. (Crossref)

Laužikas, Rimvydas. “Digital or Electronic?.” Knygotyra 51 (2008): 275–79. (Crossref)

Matt, Dominik, Giulio Pedrini, Angelo Bonfanti, and Guido Orzes. “Industrial Digitisation. A Systematic Literature Review and Research Agenda.” European Management Journal 41, no. 2–4 (2022): 47–78. https://doi.org/10.1016/j.emj.2022.01.001. (Crossref)

Neshovska Kjoseva, Elena. “Taxation in Era of Globalization and Digitalization: Issues and Challenges on National Tax Sovereignty.” Iustinianus Primus Law Review (2021): 1–9.

OECD. Addressing Base Erosion and Profit Shifting. Paris: OECD Publishing, 2013. http://dx.doi.org/10.1787/9789264192744-en. (Crossref)

Rotomskis, Irmantas. “The Significance of the Head Office Institute in Avoiding Double Taxation in Electronic Commerce.” Jurisprudencija 52, no. 44 (2004): 134–40.

Schaefer, Barrett. “International Taxation of Electronic Commerce Income: A Proposal to Utilize Software Agents for Source-Based Taxation.” Santa Clara Computer and High-Technology Law Journal 16, no. 1 (2000), 111–40. Accessed May 10, 2023. https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1256&context=chtlj.

Vilnius University Faculty of Law Student Scientific Society. Spring of Legal Science. Vilnius: Vilnius University Publishing House, 2020.

Wamsley, Laurel. “France Approves Tax On Big Tech, And U.S. Threatens To Retaliate.” American University Radio. Accessed October 25, 2023. https://perma.cc/H42P-44EZ.

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Published
2024-09-30


Čerka, P., Grigienė, J. ., & Venslovaitytė, K. . (2024). Tax Challenges Arising from Digitalization: Evaluating the Taxation Models Proposed by the European Commission and the OECD. Review of European and Comparative Law, 58(3), 99–116. https://doi.org/10.31743/recl.17376

Paulius Čerka  paulius.cerka@vdu.lt
Vytautas Magnus University
Jurgita Grigienė 
Vytautas Magnus University
Karolina Venslovaitytė 
Vytautas Magnus University



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