The Future of the Digital Permanent Establishment Concept: Challenges and Obstacles

Addressing the challenges and implications of taxing the digital economy through the concept of Digital Permanent Establishment [DPE] is the main focus of this article. Traditional tax systems based on physical presence are inadequate for digital...

Full description

Saved in:
Bibliographic Details
Main Author: Tereza Homa
Format: Article
Language:English
Published: University of Gdańsk 2024-11-01
Series:Financial Law Review
Online Access: https://ejournals.eu/en/journal/financial-law-review/article/the-future-of-the-digital-permanent-establishment-concept-challenges-and-obstacles
Tags: Add Tag
No Tags, Be the first to tag this record!
_version_ 1850107036985982976
author Tereza Homa
author_facet Tereza Homa
author_sort Tereza Homa
collection DOAJ
description Addressing the challenges and implications of taxing the digital economy through the concept of Digital Permanent Establishment [DPE] is the main focus of this article. Traditional tax systems based on physical presence are inadequate for digital businesses that generate significant revenues without a physical footprint. The research examines whether the introduction of DPE can increase tax revenues in countries where digital services are provided. The hypothesis is that DPE will lead to higher tax revenues by capturing profits that are currently shifted to low-tax jurisdictions. The objectives of the article are to analyse the potential effectiveness of DPE in increasing tax revenues, the barriers to increasing tax revenues of DPE, and to compare the economic impact between countries that have adopted DPE and those that have not. The research methodology includes legal analysis, historical analysis and comparative analysis of approaches from chosen countries. Challenges and other factors affecting the enforceability and profitability of the tax reduce the expected finding that countries that have adopted DPE have seen an increase in tax revenues from digital services. This does not mean that DPE is effective in combating base erosion and profit shifting [BEPS] in the digital economy. However, the study also highlights administrative challenges and the need for international coordination to avoid double taxation. In conclusion, the article’s findings confirm that DPE can increase tax revenues and contribute to fairer taxation of the digital economy. It provides new insights into the implementation and impact of DPE and highlights its potential to modernise international tax systems. The findings underline the importance of adapting tax policies to the realities of the digital economy.
format Article
id doaj-art-544f8f7fd1ff47c5b0db0a3fbac362ec
institution OA Journals
issn 2299-6834
language English
publishDate 2024-11-01
publisher University of Gdańsk
record_format Article
series Financial Law Review
spelling doaj-art-544f8f7fd1ff47c5b0db0a3fbac362ec2025-08-20T02:38:40ZengUniversity of GdańskFinancial Law Review2299-68342024-11-0120241233810.4467/22996834FLR.24.009.20614The Future of the Digital Permanent Establishment Concept: Challenges and ObstaclesTereza Homa0https://orcid.org/0000-0001-5986-4012 Department of Financial Law and Economics, Faculty of Law, Masaryk University in Brno, Czech Republic Addressing the challenges and implications of taxing the digital economy through the concept of Digital Permanent Establishment [DPE] is the main focus of this article. Traditional tax systems based on physical presence are inadequate for digital businesses that generate significant revenues without a physical footprint. The research examines whether the introduction of DPE can increase tax revenues in countries where digital services are provided. The hypothesis is that DPE will lead to higher tax revenues by capturing profits that are currently shifted to low-tax jurisdictions. The objectives of the article are to analyse the potential effectiveness of DPE in increasing tax revenues, the barriers to increasing tax revenues of DPE, and to compare the economic impact between countries that have adopted DPE and those that have not. The research methodology includes legal analysis, historical analysis and comparative analysis of approaches from chosen countries. Challenges and other factors affecting the enforceability and profitability of the tax reduce the expected finding that countries that have adopted DPE have seen an increase in tax revenues from digital services. This does not mean that DPE is effective in combating base erosion and profit shifting [BEPS] in the digital economy. However, the study also highlights administrative challenges and the need for international coordination to avoid double taxation. In conclusion, the article’s findings confirm that DPE can increase tax revenues and contribute to fairer taxation of the digital economy. It provides new insights into the implementation and impact of DPE and highlights its potential to modernise international tax systems. The findings underline the importance of adapting tax policies to the realities of the digital economy. https://ejournals.eu/en/journal/financial-law-review/article/the-future-of-the-digital-permanent-establishment-concept-challenges-and-obstacles
spellingShingle Tereza Homa
The Future of the Digital Permanent Establishment Concept: Challenges and Obstacles
Financial Law Review
title The Future of the Digital Permanent Establishment Concept: Challenges and Obstacles
title_full The Future of the Digital Permanent Establishment Concept: Challenges and Obstacles
title_fullStr The Future of the Digital Permanent Establishment Concept: Challenges and Obstacles
title_full_unstemmed The Future of the Digital Permanent Establishment Concept: Challenges and Obstacles
title_short The Future of the Digital Permanent Establishment Concept: Challenges and Obstacles
title_sort future of the digital permanent establishment concept challenges and obstacles
url https://ejournals.eu/en/journal/financial-law-review/article/the-future-of-the-digital-permanent-establishment-concept-challenges-and-obstacles
work_keys_str_mv AT terezahoma thefutureofthedigitalpermanentestablishmentconceptchallengesandobstacles
AT terezahoma futureofthedigitalpermanentestablishmentconceptchallengesandobstacles