Monday, July 8, 2024

Canada’s digital tax is up and running

Delivered every Monday by 10 a.m., Weekly Tax examines the latest news in tax politics and policy.
Jul 08, 2024 View in browser
 
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By Bernie Becker

QUICK FIX

IT’S OFFICIAL: Canada’s digital services tax is up and running, as our colleagues in Ottawa have noted.

Tech companies south of the border have been waiting all year to see when Prime Minister Justin Trudeau’s government might implement the digital tax, which has drawn threats of retaliation from Washington.

Next up: Ottawa is expected to roll out explanatory notes for its digital tax in the coming days, as our Zi-Ann Lum and Kyle Duggan noted, which could give affected companies a better understanding of how the levy will work.

The Office of the U.S. Trade Representative hasn’t weighed in any further in recent days, but its stance on Canada’s DST has been consistent. A USTR official said last month that the office is “assessing, and are open to using, all available tools that could result in meaningful progress toward addressing unilateral, discriminatory DSTs.”

Those comments came as key policymakers in the U.S., like House Ways and Means Chair Jason Smith (R-Mo.), called on the Biden administration to strike back quickly when Canada’s digital tax came into force — and as the finance minister in Ottawa, Chrystia Freeland, has said that she is still talking to Treasury Secretary Janet Yellen about the DST and believes a beneficial outcome for both sides is still possible.

IT’S HOT OUTSIDE, and it’ll be hot inside the halls of Congress this week, too — amid what we’ve learned to be the 1,838 streets that make up the District of Columbia.

Big day, quite possibly, for a big bell: Today marks 248 years since the Liberty Bell (maybe?) was rung to mark the Declaration of Independence.

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MORE ON DIGITAL TAXES: It should be noted — Canada’s announcement that it was moving forward with its digital tax came right as negotiators blew past another deadline for the global tax deal.

The Organization for Economic Cooperation and Development had hoped to finish off a treaty for the first pillar of the global agreement — the part meant to make digital taxes obsolete — by the end of June.

Top OECD officials have said they’re still making progress on key obstacles in those talks, though some of the disagreements are quite stark — and any Pillar One agreement would essentially be dead on arrival in Congress, at least for the time being.

Still, both USTR and business advocates here in America have knocked Canada for taking action outside of that global framework.

The Information Technology Industry Council, which represents a range of Silicon Valley titans, called on the Biden administration to “immediately address” Canada’s digital tax.

“At the same time, we hope negotiators can work beyond this troubling development and advance their effort to reach a multilateral, consensus-based solution to address the tax challenges arising from digitalization,” said Megan Funkhouser, ITI’s senior director of trade and tax policy.

THIS WEEK ON THE HILL: Both the Senate Finance and House Ways and Means committees are pressing ahead with tax-related business this week, amid the expected hullabaloo over President Joe Biden’s current standing among his fellow Democrats.

On the Senate side: The Finance Committee will continue its under-the-radar work to get the U.S. Tax Court back up to full staffing.

Six of the court’s 19 seats currently are vacant, though three nominees sailed through the Finance panel last month and await action by the full Senate.

Another three nominees are scheduled to get a hearing before the Finance Committee on Wednesday, all with the sort of resume that would seem to attract support among tax writers.

One of this round of Biden’s picks for the Tax Court, Jeffrey Arbeit, has worked for JCT for close to a decade. Cathy Fung, another nominee, works in the IRS chief counsel’s office, while the third, Benjamin Guider, works in private practice.

Over to the House: Ways and Means is convening a markup of four tax-related measures on Tuesday, as the panel continues to increase the pressure on elite colleges and universities.

Smith already has questioned whether schools like Harvard and MIT have jeopardized their tax exemptions through their response to the war between Israel and Hamas, and one of the bills up for debate on Tuesday would put new standards in place requiring the IRS to examine the status of universities found to have committed civil rights violations.

Ways and Means will also consider a measure that could cause up to another dozen colleges to pay the endowment tax from the GOP’s 2017 tax law, provided they don’t take steps to enroll more American students.

Another bill would pave the way for the next Congress to potentially roll back regulations that the Biden administration has finalized for electric vehicle tax credits authorized by the Democrats’ 2022 tax-and-climate measure — rules that Republicans argue would offer a boost to Chinese companies.

And the final piece of legislation brings back a proposed expansion of the tax-advantaged 529 accounts that proved controversial when it was part of — and then stripped out of — a large retirement package back in 2019.

In many ways, those proposals could be viewed as election-year fare.

But the bills could also shed some light on how Republicans might proceed in the negotiations over the temporary provisions from the Tax Cuts and Jobs Act that will expire at the end of 2025, particularly if the GOP sweeps in November — showing once more that Republicans are interested in targeting the green energy tax breaks from the Inflation Reduction Act, and more than open to finding ways to hike taxes on Ivy League schools and other most selective universities.

Around the World

Financial Times: “Pakistan finance minister warns taxes must rise to break the bailout cycle.”

Fortune: “Desperate for growth, Portugal backtracks on hostility to digital nomads as its tax breaks for skilled foreigners return.”

Reuters: “Indian drugmakers seek govt tax reliefs, incentives to spur innovation.”

Around the Nation

Ohio Capital Journal: “Economic benefits of eliminating Ohio income tax questioned.”

New Jersey Monitor: “New business tax will send more money to preservation programs.”

Nebraska Examiner: “Agricultural, education senators push back on some of Gov. Jim Pillen’s property tax reforms.”

Also Worth Your Time

The New York Times: “The American Inspiration for Britain’s First Female Chancellor.”

Bloomberg Tax: “Robocalling to IRS Persists Even With Improved Phone Service.”

Tax Notes: “Clearing Tax Bill Could Yield Child Tax Credit Checks in October.”

A sport interlude, via the AP: “NHL free agency shows teams in states with no income tax have an advantage.“

Did you know?

The Liberty Bell weighs just over a ton.

 

POLITICO AND WELT EVENT TUESDAY 7/9: Join POLITICO and WELT for a roundtable discussion on July 9 with the top defense officials in NATO countries that share a border with Russia, including Estonia, Latvia and Lithuania. These are the crucial officials tasked with armoring these front-line states against Vladimir Putin’s aggressive expansionism. We will discuss how they are adapting to this new period of danger and explore the future of the NATO alliance and their relationship with the United States. Register here.

 
 
 

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