디지털세가 다국적기업의 해외 투자에 미치는 영향(New International Tax System and its Impact on Investment of MNE)

디지털 경제에서 발생하는 다국적기업의 조세회피 문제에 대응하기 위한 목적으로 OECD와 G20은 140여 개 국가가 참여하는 다자논의기구를 통해 현행 국제조세체제를 변화시키는 두 가지 큰 틀의 개혁안을 도출하였다. 본 연구는 ‘필라 1’과 ‘필라 2’로 일컬어지는 두 가지 개혁안이 실현되는 경우를 가정하여, 이러한 변화가 국내외에 본사를 둔 다국적기업의 글로벌 투자에 미치는 영향을 다양한 경제학적 분석 방법론을 통해 살펴보았다. 또한 이를 바탕으로 우리나라의 외국인직접투자 정책과 해외직접투자 정책에 대한 시사점을 도출하고자 하였다. As digitalization of the economy accelerates, tax avoidance by multinational enterprises (MNEs) becomes a more serious and sophisticated issue to address. The issue can be attributed to several characteristics of firms in the digital economy, these being: discrepancy between the permanent establishment where the corporate income tax is levied and the location where substantial business activity is performed, high reliance on intangible assets in production that are movable across jurisdictions, and the intricacy of applying transfer pricing rules to new business activities. Due to these features, MNEs have been able to easily shift earned income from a country with high corporate income tax (CIT) rates to one with low CIT rates and lessen their tax burdens by taking advantage of extant principles of the international tax system and bilateral tax treaties between countries. In order to tackle the base erosion and profit shifting (BEPS) issue of MNEs under the digital economy, the OECD and G20 launched aninclusive framework (IF) joined by 141 countries and has conducted discussions on a new international tax system. As a result, in October 2021, two major revisions on the current international tax system – the Two-Pillar solution on BEPS – were agreed upon by 139 IF membercountries, including G20 members, to take effect in 2023. The IF’s final agreement on the Pillar 1 and Pillar 2 is as follows. Pillar 1’s scope is limited to a group of MNEs whose annual revenues exceed 20 billion euros with above 10% profitability. This allows market countries to levy a portion of MNEs’ profits net of the 10% of the revenues, in proportion to each country’s size of revenues sources. The tax base alloted to eligible countries is called “Amount A.” Pillar 2 intends to impose global minimum CIT rates above 15%, under which MNEs’ affiliates are obliged to pay top-up taxes up to 15% if affiliates in other jurisdictions pay low taxes that amount to the effective CIT rates in short of 15%. Pillar 2 applies to a group of MNEs whose annual revenues exceed 750 million euros. The introduction of this newinternational tax system will clearly have a major impact on MNEs’ investment and value chain decision. (the rest omitted)