The future international taxation framework concerning multinationals. CCTB and CCCTB as a possible resolution mechanism to counteract tax avoidance. Considerations regarding the implementation of CCCTB into the Turkish taxation code.

Abstract

Companies employ various loopholes to evade taxes, such as shifting profits to EU countries with lower tax rates. In an effort to curb this practice, the European Commission has proposed new EU rules. The implementation of these rules is intended to occur in two phases: Phase 1 - Common Corporate Tax Base (CCTB): This phase involves the establishment of a unified set of rules for calculating taxable corporate profits across all EU Member States. Currently, companies operating in different Member States calculate profits for their subsidiaries based on different tax regimes. Phase 2 - Common Consolidated Corporate Tax Base (CCCTB): In this phase, consolidation is allowed, enabling a group to offset the profits and losses of its various companies in different Member States. This calculation leads to a net profit or loss at the EU level, which is then used to determine the taxable amount based on common tax base rules. The resulting profits are distributed among the Member States in which a company has subsidiaries, and each Member State can tax its share of the profits at its national corporate tax rate. The distribution of profits takes into account factors such as buildings, machinery, employees, and turnover in each Member State. At the EU level, the Pillar Two Directive sets a deadline of 30 June 2023 for progress in implementing Pillar One. If insufficient progress is made, the Commission may face pressure to propose legislation to tax the digital economy. The nature of this potential proposal remains uncertain, but it is likely to take the form of a revived version of the EU digital levy. Whether it would resemble the EU 2018 Digital Services Tax (DST), an existing unilateral DST already in force in Europe, or completely different measures, such as indirect taxes, is unclear. Additionally, the introduction of a new EU own resource through BEFIT could potentially include measures to tax the digital economy. In light of these EU developments, there is a debate as to whether it would be advantageous for a candidate country like Turkey to begin implementing the Common Consolidated Corporate Tax Base (CCCTB) and align its national tax laws with the European tax system during the accession negotiations. Alternatively, it is also worth considering whether it would be more appropriate for the candidate country Turkey to wait for the implementation process, including any potential modifications, until the relevant chapters are opened.