Tax Challenges Arising from the Digitalisation of the Economy: The Development of the OECD Project and Possible Implementation in Russia

The digitalisation of the economy has created a number of complex problems in the area of taxation. A majority of these problems relate to the issue of the distribution of taxing rights between states in the context of taxing income received as a result of crossborder activities. This article discus...

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Main Author: K. Ponomareva
Format: Article
Language:English
Published: Publshing House V.Ема 2022-11-01
Series:BRICS Law Journal
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Online Access:https://www.bricslawjournal.com/jour/article/view/709
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author K. Ponomareva
author_facet K. Ponomareva
author_sort K. Ponomareva
collection DOAJ
description The digitalisation of the economy has created a number of complex problems in the area of taxation. A majority of these problems relate to the issue of the distribution of taxing rights between states in the context of taxing income received as a result of crossborder activities. This article discusses the initiatives of the Organisation for Economic Cooperation and Development (OECD) regarding the taxation of international groups of companies in the era of the digital economy. It considers methodological approaches to taxation of the digital economy and highlights the features of the digitalisation of the economy that play an important role in tax policy. The study undertaken is based on a comparative legal method that allows for the examination of similar legal problems found in legislation and international treaties, as well as the identification of optimal ways to solve them. The following main problem with taxation of the digital economy is highlighted: tax systems laid down in the 1920s traditionally take into account the principles of the source of income and residency. In the new world of globalization and the digital economy, these principles have become significant obstacles to international trade. It is on this ground that the issues of the new nexus as well as the new model of allocation of taxing rights should be established. The article provides an analysis of the OECD’s two-pillar approach to these issues. Pillar 1 deals with the reallocation of profits of multinational enterprises to market jurisdictions. Pillar 2 deals with the issue of a global minimum tax. Additionally, the article discusses the various ways in which the new OECD concept could potentially be implemented in Russia.
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spelling doaj-art-7f4c7b73da53474288fc44fe34e5dffc2025-08-20T03:40:06ZengPublshing House V.ЕмаBRICS Law Journal2409-90582412-23432022-11-0194416310.21684/2412-2343-2022-9-4-41-63244Tax Challenges Arising from the Digitalisation of the Economy: The Development of the OECD Project and Possible Implementation in RussiaK. Ponomareva0Financial Research Institute under the Ministry of Finance of the Russian FederationThe digitalisation of the economy has created a number of complex problems in the area of taxation. A majority of these problems relate to the issue of the distribution of taxing rights between states in the context of taxing income received as a result of crossborder activities. This article discusses the initiatives of the Organisation for Economic Cooperation and Development (OECD) regarding the taxation of international groups of companies in the era of the digital economy. It considers methodological approaches to taxation of the digital economy and highlights the features of the digitalisation of the economy that play an important role in tax policy. The study undertaken is based on a comparative legal method that allows for the examination of similar legal problems found in legislation and international treaties, as well as the identification of optimal ways to solve them. The following main problem with taxation of the digital economy is highlighted: tax systems laid down in the 1920s traditionally take into account the principles of the source of income and residency. In the new world of globalization and the digital economy, these principles have become significant obstacles to international trade. It is on this ground that the issues of the new nexus as well as the new model of allocation of taxing rights should be established. The article provides an analysis of the OECD’s two-pillar approach to these issues. Pillar 1 deals with the reallocation of profits of multinational enterprises to market jurisdictions. Pillar 2 deals with the issue of a global minimum tax. Additionally, the article discusses the various ways in which the new OECD concept could potentially be implemented in Russia.https://www.bricslawjournal.com/jour/article/view/709tax lawtaxation of the digital economyoecdbeps action planeuropean uniondigital services taxtax administrationcorporate taxationpermanent establishment
spellingShingle K. Ponomareva
Tax Challenges Arising from the Digitalisation of the Economy: The Development of the OECD Project and Possible Implementation in Russia
BRICS Law Journal
tax law
taxation of the digital economy
oecd
beps action plan
european union
digital services tax
tax administration
corporate taxation
permanent establishment
title Tax Challenges Arising from the Digitalisation of the Economy: The Development of the OECD Project and Possible Implementation in Russia
title_full Tax Challenges Arising from the Digitalisation of the Economy: The Development of the OECD Project and Possible Implementation in Russia
title_fullStr Tax Challenges Arising from the Digitalisation of the Economy: The Development of the OECD Project and Possible Implementation in Russia
title_full_unstemmed Tax Challenges Arising from the Digitalisation of the Economy: The Development of the OECD Project and Possible Implementation in Russia
title_short Tax Challenges Arising from the Digitalisation of the Economy: The Development of the OECD Project and Possible Implementation in Russia
title_sort tax challenges arising from the digitalisation of the economy the development of the oecd project and possible implementation in russia
topic tax law
taxation of the digital economy
oecd
beps action plan
european union
digital services tax
tax administration
corporate taxation
permanent establishment
url https://www.bricslawjournal.com/jour/article/view/709
work_keys_str_mv AT kponomareva taxchallengesarisingfromthedigitalisationoftheeconomythedevelopmentoftheoecdprojectandpossibleimplementationinrussia