The Salad Days of the EU Digital Service Tax

Responding to a series of aggressive tax planning allegedly committed by multinational corporations running their businesses on digital platforms, states have drafted laws that would enable them to impose additional taxes on such corporations. In the EU, the proposal for a Council Directive on the D...

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Main Author: Adrianto Dwi Nugroho
Format: Article
Language:English
Published: Universitas Muhammadiyah Yogyakarta 2019-09-01
Series:Indonesian Comparative Law Review
Online Access:https://journal.umy.ac.id/index.php/iclr/article/view/6318
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author Adrianto Dwi Nugroho
author_facet Adrianto Dwi Nugroho
author_sort Adrianto Dwi Nugroho
collection DOAJ
description Responding to a series of aggressive tax planning allegedly committed by multinational corporations running their businesses on digital platforms, states have drafted laws that would enable them to impose additional taxes on such corporations. In the EU, the proposal for a Council Directive on the Digital Services Tax (DST) projects for a 3% tax chargeable on the revenues generated by corporations surpassing a certain threshold of global and EU yearly revenues. The initial plan is to tax these corporations with respect to their online placement of advertising, enabling of online marketplaces, and sales of collected user data. While the EU organs are still undergoing the due legislative processes on the proposal, two flaws of the DST may be argued, namely that it conflates features of direct taxes (i.e. income tax) with that of indirect taxes (i.e. value added tax); and that it embeds covert discriminatory measures against certain multinational corporations. The maturation of the DST depends on the formulation of sound legal principles and ingenious concept which would hallmark a DST regime from the corporate income tax one.
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spelling doaj.art-1d3b66aa87184b9e85ea33dfa6bb81722023-07-15T02:23:43ZengUniversitas Muhammadiyah YogyakartaIndonesian Comparative Law Review2655-23532655-65452019-09-0112829210.18196/iclr.12083445The Salad Days of the EU Digital Service TaxAdrianto Dwi Nugroho0University of Helnsky (Universitas Gadjah Mada)Responding to a series of aggressive tax planning allegedly committed by multinational corporations running their businesses on digital platforms, states have drafted laws that would enable them to impose additional taxes on such corporations. In the EU, the proposal for a Council Directive on the Digital Services Tax (DST) projects for a 3% tax chargeable on the revenues generated by corporations surpassing a certain threshold of global and EU yearly revenues. The initial plan is to tax these corporations with respect to their online placement of advertising, enabling of online marketplaces, and sales of collected user data. While the EU organs are still undergoing the due legislative processes on the proposal, two flaws of the DST may be argued, namely that it conflates features of direct taxes (i.e. income tax) with that of indirect taxes (i.e. value added tax); and that it embeds covert discriminatory measures against certain multinational corporations. The maturation of the DST depends on the formulation of sound legal principles and ingenious concept which would hallmark a DST regime from the corporate income tax one.https://journal.umy.ac.id/index.php/iclr/article/view/6318
spellingShingle Adrianto Dwi Nugroho
The Salad Days of the EU Digital Service Tax
Indonesian Comparative Law Review
title The Salad Days of the EU Digital Service Tax
title_full The Salad Days of the EU Digital Service Tax
title_fullStr The Salad Days of the EU Digital Service Tax
title_full_unstemmed The Salad Days of the EU Digital Service Tax
title_short The Salad Days of the EU Digital Service Tax
title_sort salad days of the eu digital service tax
url https://journal.umy.ac.id/index.php/iclr/article/view/6318
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