Abstract: Online advertising market is dominated by the advertising giants known as Google and Facebook. They are assigned the largest percentage of the global online advertising revenues. In the same time, online advertising constitutes their main and significant source of revenue. Advertising services, as a part of the digital economy, have a series of characteristics that are borrowed from the internet’s ones, and are based upon IP rights known as intangible actives. In the natural attempt to maximize the profits of the companies, Google and Facebook exploit the special characteristics of their services and IP rights, for tax purposes, in order to substantially reduce the tax base, creating a scheme in which tax residency plays a key role. Nevertheless, a mechanism that has been working for over a decade begins to be caught up by international tax professionals, and different obstacles are posed for breaking the tax schemes of the advertising giants, especially starting with 2021.
Key-words: fiscal planning; international taxation; online advertising
DOI: http://doi.org/10.47743/jss-2021-67-1-2
References:
Costea I. M., Drept financiar. Note de curs, Ed. Hamangiu, București, 2016
Costea I. M., Europa și merele de aur... Sau despre lectura normei fiscale prin regulile pieței unice, în Analele Științifice ale Universității „Alexandru Ioan Cuza” din Iași, Tomul LXVI/II, Științe Juridice, 2020, pp. 199-209
Costea I. M., Sediul permanent în comerțul electronic, în Analele Științifice ale Universității „Alexandru Ioan Cuza” Iași, Științe Juridice, Tomul LXIV, Supliment, 2018, pp. 211-220
European Parliament, Tax challenges in the Digital economy. Study, IP/A/TAXE2/2016-04, PE 579.002, June 2016, https://doi.org/10.2861/799984
Frotscher, Prof. Dr., Double Irish-Dutch Sandwich, International Tax Institute – University of Hamburg [Online]
Graham R., Google and advertising: digital capitalism in the context of Post-Fordism, the reification of language, and the rise of fake news, în Palgrave Communications 3, 45, 2017, https://doi.org/10.1057/s41599-017-0021-4
House of Commons. Committee of Public Accounts, HM Revenue & Customs: Annual Report and Accounts, Nineteenth Report of Session 2012–13, HC 716, 3 December 2012
Irish Tax and Customs, What constitutes a trade?, Tax and Duty Manual, Part 02-02-06, September 2019 [Online]
Kleinbard E. D., Stateless Income, în Florida Tax Review, vol. 11, 2011, 9:699 [Online]
Kutera M., A model of aggressive tax optimization with the use of royalties, în Journal of Economics and Management, Vol. 30 (4), 2017, https://doi.org/10.22367/jem.2017.30.05
Lejour A. M., Verbonr H. A. A., Source-based versus residence-based capital income taxes in a dynamic model, în European Journal of Political Economy, vol. 14, 1998, https://doi.org/10.1016/S0176-2680(98)00020-2
Nusser H., Profit shifting within multinationals. An analysis of its tax-minimization potential and of anti-avoidance measures that extend taxation of interest and royalties at source, 22 July 2017, Stuttgart
O’Donell K., Strategies employed by Multinational Companies to Evade Tax, with a particular emphasis on Tax Havens, în Revue Juridique étudiante de l'Université de Montréal volume 3, 2017
OECD, Tax Challenges Arising from Digitalisation – Report on Pillar One Blueprint Inclusive Framework on BEPS, 14. 10.2020, https://doi.org/10.1787/beba0634-en
OECD, Adressing the Tax Challenges of the Digital Economy, Action 1 – 2015, Final Report, OECD/G20 Base Erosion and Profit Shifting Project, OECD Publishing, Paris, 2015, https://doi.org/10.1787/9789264241046-en
OECD, Mandatory Disclosure Rules, Action 12 - 2015 Final Report, OECD/G20 Base Erosion and Profit Shifting Project, OECD Publishing, Paris, 2015 https://doi.org/10.1787/9789264241442-en
OECD, OECD Secretary-General Tax Report To G20 Finance Ministers And Central Bank Governors Saudi Arabia October 2020, OECD Paris, 2020
Oxfam, Blacklist or whitewash? What a real EU blacklist of tax havens should look like, ISBN 978-1-78748-125-1, November 2017, https://doi.org/10.21201/2017.1251
Oxfam, Tax Battles. The dangerous global Race to the Bottom on Corporate Tax, Policy Paper, Oxfam House, 2016
Pinto D., The Need to Reconceptualize the Permanent Establishment Threshold, An earlier version of this article was presented as a paper at the 18th Annual Conference of the Australasian Tax Teachers' Association held on 30 January to 1 February 2006 at the Melbourne Law School, University of Melbourne, Australia
Seely A., Tax avoidance and tax evasion, Briefing Paper, no. 7948, House of Commons Library, 2020
Silbering-Meyer J., Tax Cuts and Jobs Act: A Response to BEPS, Journal of International Taxation 2018, Volume 29:9, 2018, pp. 29-40
Stewart J., MNE Tax Strategies and Ireland, în Critical perspectives on international business 14 (9), 2017, https://doi.org/10.1108/cpoib-02-2016-0002
Thorne D., The Double Irish And Dutch Sandwich Tax Strategies: Could A General Antiavoidance Rule Counteract The Problems Caused By Utilisation Of These Structures?, LLM Research Paper, Laws 516: Taxation, Domestic And International, Faculty of Law, University of Wellington, 2013
Tobin G., Walsh K., What Makes a Country a Tax Haven? An Assessment of International Standards Shows Why Ireland Is Not a Tax Haven, în The Economic and Social Review, vol. 44, no. 3/2013, pp. 401-424