ESG Reporting – The Implications of Pillar II International Tax Reforms

This article discusses the concept of Global Minimum Top-up Tax as a key Tax Transparency Driver for ESG Reporting. The Global Minimum Top-up Tax is an International Tax Reform under the Pillar II Tax mechanism that aims at ensuring a fairer and even distribution of taxable profits across jurisdictions that multinationals operate in. It is also an assessment that qualifying Multinationals would have to undergo and these are classified under 3 dynamic assessments The What, The Who and The How.

The What: This is a reform that test to see if the group of subsidiaries for a multinational corporation have paid a minimum of 15% on the income realized from the particular jurisdiction they operate in.

The Who: Every large multinational group of companies that have a consolidated revenue balance of €750 million or more in at least two of the last four financial years of reporting would need to be assessed for a possible minimum top-up tax payments.

The How: For all qualifying multinationals that are within the aforementioned threshold, and that would be subjected to the assessment, the average of the effective tax rate of all the subsidiaries within the group would computed and if less than 15%, the shortfall would be netted off against the 15% benchmark and the resulting difference which is termed the Top-up rate to be charged against the group.

This assessment enhances what is referred to as Tax Transparency, which is a key sustainability metrics under the Governance pillar of ESG Reporting that Capital market finance providers, Government authorities and other relevant stakeholders look out for.

In conclusion, with the wave of sustainability reporting taking center stage this year, and the effects of the Pillar Two International Tax Reform coming into full-fledged disclosures this year as well, there is no better time for large multinationals to strategically position their business as a Tax transparent and compliant entity which enhances their ESG story, by undergoing the minimum top-up tax tests.

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