by Erika Jupe, Mathew Oliver and Ian Hyde, partners at Osborne Clarke

Full agreement and specifics are a long way off but the deal marks the way for G20 talks to address further the tax challenges of globalisation and digitalisation.

This month the Group of Seven (G7) advanced economies heralded an unprecedented commitment on global tax reform for large multinational companies, which Rishi Sunak, the Chancellor, welcomed as a "truly historic agreement" and "seismic tax reforms". 

However, there are many questions still to be answered before there can be any certainty on the extent and detail of the reform.

Finance ministers from the G7 nations (Canada, France, Germany, Italy, Japan, the UK and the US) published a communique on 5th June, setting out their agreement on elements of the proposals that have been progressing through the Group of 20/Organisation for Economic Cooperation and Development (G20/OECD) Inclusive Framework. This also addressed the tax challenges arising from globalisation and the digitalisation of the economy.

OECD pillars

The agreement reached relates to both pillars of the OECD project: pillar one aims to tax profitable multinational companies in the countries in which they operate (and not just where they are located for tax purposes – so-called "nexus" rules); and pillar two sets out a global minimum corporation tax rate.

The G7 agreement includes commitments to:

• reallocate the taxing rights of the largest and most profitable multinational enterprises – the proposed rules would apply to global firms with at least a 10 per cent profit margin and would see 20 per cent of any profit above the 10 per cent margin subject to tax in the countries in which they operate

• remove unilateral digital services taxes (DSTs)

• introduce a global minimum tax of "at least" 15 per cent on a country-by-country basis

The G7 finance ministers noted the importance of progressing agreement in parallel on both pillars and to reaching an agreement at the meeting of G20 finance ministers and central bank governors on 9th and 10th July.

Alongside the UK Chancellor's praise of the agreement, Janet Yellen, the US Treasury Secretary, made a statement that focused on the global minimum tax rules and said that "the G7 finance ministers have made a significant, unprecedented commitment today".

Unanswered questions

The communique is important and huge changes in the tax landscape for large multinationals may be on the horizon, but the scope of the changes is by no means certain. In particular the following issues remain:

Will the proposals gain wider international agreement? The agreement still needs consensus among the 139 jurisdictions which are members of the OECD Inclusive Framework. In addition while it is extremely encouraging that the US has been part of the G7 communique, any implementing legislation in the US would need to pass through Congress, which is by no means certain.

Will all domestic DSTs be abolished? Aligned to the new proposals is the question of what will happen to the existing DSTs that are in place (for example, in the UK and France). Would the unilateral DSTs remain for other large multinationals that did not fall within the scope of any new rules?

Will there be sector carve-outs? The communique is silent on whether there will be any carve-outs for particular industries or sectors. The UK is understood to be pushing for the financial services industry to be excluded – a move which could benefit the City but is likely to provoke an adverse reaction from other sectors and industries.

Must pillar one and pillar two be agreed together? Agreement on pillar two may be more difficult for the G20 to agree as there will, no doubt, be potential winners and losers (such as Ireland whose corporate tax rate is 12.5 per cent). The G7 communique is also clear that the minimum rate is "at least" 15 per cent and so this figure may still increase.

There is still a long way to go to reach full agreement on these measures – in particular the G20 meeting in July is the next important milestone – but it is clear that there is increased momentum for a global solution and that the G7 agreement is an important step towards that goal.