Strategizing International Tax Best Practices – by Keith Brockman

As the French digital services tax (DST) is in effect from 1/1/2019, with the first payment due in November, there is considerable uncertainty how this tax will be repealed/refunded when/if an OECD DST model takes its place.

The politicians see this as a potential remedy to put out the fire which started with implementation of this tax.  However, this issue becomes more complex from an international tax perspective as to how a refund/repeal would be treated: prospectively, retroactively, or some other method.

As this tax, similar to other provisions, was enacted unilaterally by the French administration anxious to improve their fisc, it is now shown to be disingenuous timing at the expense of multinationals which now have to pay this tax.  Hopefully, other countries do not follow this lead in advance of the OECD DST proposals.

https://www.ey.com/Publication/vwLUAssets/Report_on_recent_US_international_tax_developments_-_29_August_2019/$FILE/2019G_003927-19Gbl_Report%20on%20recent%20US%20international%20tax%20developments%20-%2029%20Aug%202019.pdf

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