*
Trump declares global tax deal has 'no force or effect' in
US
*
Trump directs Treasury to identify 'protective measures'
on tax
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Memo warns US firms may face 'retaliatory' foreign tax
regimes
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Collapse of Pillar 1 talks may revive digital services
levies
(Updates throughout with memorandum language on protective
measures, details on global tax deal)
By David Lawder
Jan 20 (Reuters) - President Donald Trump on Monday
declared that a global corporate minimum tax deal "has no force
or effect" in the U.S., effectively pulling America out of the
landmark 2021 arrangement negotiated by the Biden administration
with nearly 140 countries.
Trump, in a presidential memorandum issued hours after
taking office, also ordered the U.S. Treasury to prepare options
for "protective measures" against countries that have - or are
likely to - put in place tax rules that disproportionately
affect American companies.
The European Union, Britain and other countries have adopted
the 15% global corporate minimum tax, but the U.S. Congress
never approved measures to bring the U.S. into compliance with
it. The U.S. has a roughly 10% global minimum tax, part of
Trump's landmark 2017 tax cut package approved by Republicans.
But countries that have adopted the 15% global minimum tax
may be in a position to collect a "top-up" tax from U.S.
companies paying a lower rate. Trump's memo referred to such
actions as "retaliatory."
"Because of the Global Tax Deal and other discriminatory
foreign tax practices, American companies may face retaliatory
international tax regimes if the United States does not comply
with foreign tax policy objectives," the memo reads.
"This memorandum recaptures our Nation's sovereignty and
economic competitiveness by clarifying that the Global Tax Deal
has no force or effect in the United States."
After years of stalled negotiations on global tax issues
hosted by the Paris based-Organization for Economic Cooperation
and Development (OECD) to end competitive reductions in
corporate tax rates, former U.S. Treasury Secretary Janet Yellen
agreed to the deal in October 2021.
Trump's Treasury nominee Scott Bessent said on Thursday that
following through with the global minimum tax deal would be a
"grave mistake."
Another part of the OECD negotiations were aimed at a new
arrangement to share taxing rights on large, profitable
multinational companies with countries where their products are
sold. The effort was aimed at replacing unilateral digital
services taxes that target largely American technology firms
from Meta Platforms' ( META ) Facebook to Apple ( AAPL ).
But these so-called "Pillar 1" talks have largely stalled,
and without U.S. participation, countries including Italy,
France, Britain Spain and Turkey may be tempted to reinstate
their digital taxes, risking retaliatory tariffs from
Washington.