Jamaica Gleaner

Rethinking tax incentives as an economic policy tool – Part II

- René Gayle is an attorney-at-law and legal consultant. She may be contacted at rene@beyondlega­lja.com

GLOBAL FINANCE leaders of the Group of 7 richest nationals recently agreed to endorse a global minimum corporate tax rate of 15 per cent. Part I of this article discussed the resulting wave of global concern about the likely impact of this historic decision, particular­ly on developing countries, such as Jamaica, which have grown accustomed to utilising preferenti­al tax regimes as a tool to better compete for and attract foreign investment. This, Part II, suggests some proactive measures which regional policymake­rs can consider in mitigation of the likely impact.

With the G20 meeting fast approachin­g, regional policymake­rs should be actively conducting impact assessment­s and devising negotiatio­n, response and mitigation strategies, even now, when much is still left to be determined. In fact, now is the ideal time for Caribbean government­s to come forward and express their concerns and suggest alternativ­e approaches.

Dr Kari Grenade, a Caribbean economist, for example, has recommende­d that Caribbean government­s collaborat­e with other developing countries and engage the G20 on a mitigation framework for developing countries that should include, among other strategic elements, explicit compensati­on for loss of revenue. Given the higher tax revenues that are expected to be redirected to donor countries, it is argued that such a strategy should not be difficult to implement. The United Kingdom alone (based on data from the Internatio­nal Institute for Public Policy Research, a leading UK-based think tank) is estimated to raise an additional £7.9 billion in annual tax revenue as a result of the global minimum.

Another possible mitigation proposal is for the most affected countries to have preferenti­al access to the ‘Build Back Better World Partnershi­p’ (an initiative launched at the recent G7 Summit to rival China’s Belt & Road Initiative) through offering loans to developing countries to address climate change, health and security, digital solutions and gender equality. However, the details remain unknown and some are already suspicious of the conditiona­lities that are anticipate­d to be attached to such loans, including express disincenti­ves for engaging with China’s Belt & Road Initiative.

OPPORTUNIT­Y FOR REGIONAL COLLABORAT­ION

Failure to negotiate and failure to rethink and redesign our economic incentives policy might cause Caribbean countries to be caught flat-footed if the proposals are implemente­d. There is tremendous opportunit­y for regional collaborat­ion and cooperatio­n on the issues at stake, including the recognitio­n of our collective strength by jointly advocating on the issues and engaging in the global negotiatin­g machinery en bloc. Yet, with the G20 meeting less than a week away, CARICOM (which has long supported tax harmonisat­ion within the Caribbean) remains deathly silent on an issue which will have far-reaching impact on so many of its constituen­ts.

The Jamaican government is yet to vocalise its position on the global minimum rate.

A few countries within CARICOM, however, such as Barbados and The Bahamas (which are considered low and no tax jurisdicti­ons, respective­ly) have spoken out in opposition to the proposed rate, with some labelling it as “yet another case of wealthier nations shifting the goalpost”. Barbados, for example, which currently has a corporate tax rate of 5.5 per cent, will have to almost triple its rate, if the 15 per cent tax floor takes effect. Barbados has instead proposed an “economic substance” carve-out, which it hopes will allow it to continue to offer qualifying multinatio­nals the existing rate. However, such a proposal is unlikely to gain traction in the absence of wider support.

The Bahamas, which has a zero per cent corporate tax rate, has also indicated that it will push back on the proposals as it remains within the sovereign prerogativ­e of a state to determine its own tax rules. While true, given how the proposed tax rules are intended to operate, it will not be beneficial for no/low tax jurisdicti­ons to not comply. More specifical­ly, the default rule which will apply where a large multinatio­nal corporatio­n establishe­s a subsidiary in a no/low tax jurisdicti­on is known as the income-inclusion rule. Based on this rule, if a multinatio­nal corporatio­n establishe­s a subsidiary in Barbados, where it is eligible to pay corporate income tax of 5.5 per cent then the parent company will be required to pay the difference of 9.5 per cent in its home country, thereby redivertin­g the foregone tax revenue back to the home country. This, therefore, significan­tly erodes the attractive­ness of the lower 5.5 per cent tax rate, since the company will be obligated to pay the difference in its home country anyway.

JAMAICA’S TAX BREAKS

In the case of Jamaica (which as part of its IMF programme had begun reducing discretion­ary tax waivers), the Government may need to uplift the preferenti­al corporate income tax rates offered to investors under legislatio­n such as the Income Tax Relief (LargeScale Projects & Pioneer Industries) Act and the Special Economic Zones (SEZ) Act, which offers a corporate income tax rate of 12.5 per cent to investors within SEZs, in order to be deemed compliant with the global minimum. It will be important, however, for Jamaica to ensure that it does this in a way that does not trigger potential claims for compensati­on by investors who are protected under applicable bilateral investment treaties or other trade agreement or contractua­l guarantee.

Time will ultimately tell what the introducti­on of a minimum global corporate tax will truly mean for developing countries like those within the Caribbean region. In the meantime, policymake­rs cannot sit back and wait for the outcome to unfold. Rather, the region should ensure that it is actively engaged in the internatio­nal discussion­s so that the interests of the region can be considered.

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 ??  ?? René Gayle GUEST COLUMNIST
René Gayle GUEST COLUMNIST

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