Can GILTI and the GloBE be Harmonized in a Biden Administration?

March 4, 2021

Daniel Bunn

Daniel Bunn

Countries participating in the OECD Inclusive Framework’s negotiations on cross-border tax rules hope to reach an agreement by mid-2021. After negotiations stalled somewhat in 2020, there is hope that US Treasury Secretary Janet Yellen’s commitment to reaching an agreement will allow progress to be made this year.

One piece in the negotiations is the proposal for a global minimum tax. As part of the 2017 tax reform, the US adopted a tax on global intangible low tax income (GILTI), a sort of minimum tax on the foreign earnings of US companies.

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A tax is a mandatory payment or charge collected by local, state, and national governments from individuals or businesses to cover the costs of general government services, goods, and activities.

Global Intangible Low Tax Income (GILTI) is a special way to calculate a U.S. multinational company’s foreign earnings to ensure it pays a minimum level of tax. GILTI was adopted as part of the 2017 Tax Cuts and Jobs Act (TCJA) and can lead to high tax burdens on foreign profits, putting U.S. companies that operate abroad at a disadvantage.