Skip to main content Accessibility help
×
Hostname: page-component-77f85d65b8-g4pgd Total loading time: 0 Render date: 2026-04-16T16:19:44.650Z Has data issue: false hasContentIssue false

5 - The New Regime and the Digital Economy, 2016–2023

Published online by Cambridge University Press:  28 June 2025

Reuven S. Avi-Yonah
Affiliation:
University of Michigan Law School
Christine Kim
Affiliation:
Benjamin N. Cardozo School of Law
Get access

Summary

Multinational enterprises do not pay their fair share of taxes to market countries where profits are generated because market countries are only allowed to tax companies with a physical presence. Recently, a global tax deal (BEPS 2.0) was reached to tackle these issues. Proposed by the OECD/G20 Inclusive Framework and endorsed by nearly 140 countries, BEPS 2.0 sets forth two Pillars: Pillar One addresses digital taxation while Pillar Two addresses a global minimum tax. However, Pillar One’s success is doubtful, as its details have become increasingly complex and degraded by political compromises and carve-outs. Also, countries are unlikely to repeal digital services taxes (DSTs), which is an adamant requirement of the United States in adopting Pillar One. This chapter presents the treaty overrides problem that will occur if the United States implements Pillar One by executive agreement to bypass the treaty ratification and suggests separating the two Pillars to preserve the global minimum tax. Regarding DSTs, it provides empirical studies that demonstrate the harm retaliatory tariffs cause. Finally, it endorses the UN’s digital taxation proposal and proposes a new data excise tax.

Information

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Book purchase

Temporarily unavailable

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×