Prime riflessioni sulla minimum global tax rate tra questioni sistematiche ed applicative

[Machine translation] The OECD measures on the so-called Second Pillar establish a shared taxation system aimed at ensuring that multinational companies are subject to a minimum level of taxation on income produced in each jurisdiction in which they operate, with the ambitious objective of counteracting the distraction of the tax base through an additional levy that, in fact, makes it unprofitable to relocate to low-tax countries. The rules in question, an evolution of the so-called single tax principle, operate as substantive provisions aimed at ensuring the fair taxation of all income (assets and liabilities) earned by group entities subject to low taxation. As such, these forecasts intercept any type of tax mitigation, neutralizing any competitive advantage or any attractive regime implemented in the other State, even in the absence of aggressive tax planning schemes and abusive intent. The new discipline will, therefore, have a significant impact on domestic tax systems, not only of those countries that, in order to support their economic policy, adopt highly attractive tax regimes, but also of those that promote the same rules, faced with significant domestic fiscal policy choices.