North Caucasus Legal Vestnik

Abstract

IntroductionIntroduction. The article provides a scientific analysis and comprehension by the author of a set of new and complex problems of overcoming the difficulties that have arisen with the completion of the global tax reform carried out by the Organization for Economic Cooperation and Development (OECD) since 2021. The reform provides for a change in the distribution of global profits generated by multinational enterprises (they are more often referred to as "multinational corporations") in the jurisdictions where they conduct business (in the tax rules, this is referred to as the jurisdiction of presence). The tax reform also provides for a change in the procedure for collecting global corporate tax on profits of multinational enterprises (MNPs). The article presents the author's version of the unified international approach developed by OECD experts to the procedure for collecting this tax under a differentiated taxation system.PurposePurpose. To identify the reasons why the payment of global corporate tax by multinational enterprises under the new taxation rules and their implementation of the GLS rules proved difficult for them, as well as for the jurisdiction of their presence, which eventually led to the postponement of the completion of the International Tax Reform.MethodsMethods. The methodological basis of the research is a set of scientific research methods used to achieve scientific goals: general scientific methods of cognition, as well as analytical, dialectical, systemic, functional and others. In the course of the research, special methods such as historical, comparative law, formal law, and others were also used. The combination of all these methods allowed for a comprehensive and multidimensional analysis of an important institution of international tax law, the International Tax Reform carried out by the OECD. The study was conducted using the following legal instruments: a multilateral analysis of tax categories, the method of "soft law regulation", forecasting prospects for the development of the studied tax institutions.ResultsResults. The author provides evidence on the timeliness and usefulness of the international tax reform carried out by the OECD at the global level to strengthen the global tax order. Convincing arguments have been made in defense of the differentiated procedure for collecting global corporate tax on profits of multinational enterprises introduced by the OECD. The author's assessment of the role of global tax rules in MOLDOVA in the distribution and regulation of tax rights and obligations of states is given.ConclusionsConclusions. The results obtained in the course of the study led to the conclusion that the advantage of international tax reform is the establishment of a differentiated global corporate tax rate, determined depending on the profits and profitability of multinational enterprises. The analysis carried out by the author allowed us to confirm that a project developed by the OECD is a more acceptable option for states to tax the profits of multinational enterprises, rather than introducing unilateral measures (digital taxes). Based on the results of the conducted research, confirmed by the financial reports of the states, as well as taking into account the results of the forecast about the receipt of real benefits by the states, the author came to the conclusion that it would be advisable not to introduce digital taxes by the states in their countries, but to join the global tax rules developed by the OECD Inclusive Structure.