Pillar II – Globale Mindestbesteuerung multinationaler Konzerne

Abstract

The increasing globalization and digitalization of the economy have intensified international tax competition, allowing multinational corporations to significantly reduce their tax burden through profit shifting and base erosion strategies. These developments have led to a decline in government revenues and growing tax inequality between global corporations and domestically operating businesses. In response, the OECD and G20 introduced the “Inclusive Framework on BEPS,” which includes the implementation of a global minimum tax (Pillar II). In Austria, this initiative was enacted nationally through the Minimum Taxation Act (Mindestbesteuerungsgesetz, MinBestG), effective from December 31, 2023. This thesis aims to examine how the new global minimum tax regulations affect legal tax optimization strategies used by multinational corporations. It explores the extent to which these strategies are limited by the new legislation and the implications for corporate tax planning. The methodological approach is based on legal interpretation techniques, including grammatical, systematic-logical, and historical methods. In addition, economic principles of taxation are considered. A case study involving a multinational group with a parent company in Austria and business units in Switzerland and the United Arab Emirates is used to illustrate the findings in a practical context. The analysis reveals that the global minimum tax represents a significant measure against aggressive tax planning. However, the regulatory framework still includes numerous exemptions, the substance-based carve-out, de-minimis rules, and generous Safe-Harbour provisions still allow possibilities for tax optimization. For example, relocating economic substance to low-tax jurisdictions enables corporations to maintain effective tax rates below the 15% threshold. The coexistence of these rules with existing national anti-avoidance measures, such as controlled foreign company rules, the non-deductibility of interest and royalty payments or interest barrier, leads to increased complexity, which carries the risk of multiple inclusions, even though in some cases the OECD guidelines have already included measures to address double taxation. Overall, this study concludes that the global minimum tax marks an important step toward greater fairness and coordination in international taxation. Despite certain weaknesses and implementation gaps, it introduces a new standard for taxing multinational enterprises. The long-term effectiveness of the system will depend on consistent global enforcement and the political will to close remaining loopholes.

Date of Award	2025
Original language	German (Austria)
Supervisor	Georg Gottholmseder (Supervisor)