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European Union/International - GloBE and EU Law: Assessing the Compatibility of the OECD’s Pillar II Initiative on a Minimum Effective Tax Rate with EU Law and Implementing It within the Internal Market

Country:
European Union,International
Author:
J.F.P. Nogueira
Issue:
World Tax Journal, 2020 (Volume 12), No 3
Published:
30 July 2020
This article examines the compatibility of the OECD’s proposed rules on GloBE (pillar II) with EU law, covering both primary law and secondary law. In addition, it discusses the amendments required by the implementation of this initiative within the internal market. In what concerns compatibility with primary law, this article suggests extending some of the measures to domestic scenarios (avoiding potential issues of discrimination or restriction). In what concerns secondary law, it suggests altering some of the provision of the directives. Furthermore, in the author’s view, the European Union would benefit from aligning some of its tax directives to the outcomes of OECD’s GloBE.
 
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