필라1 소비지 소득과세 규정의 개요 및 쟁점

This article summarizes the progress of international discussions on Pillar One and gives a brief opinion on two issues that need to reviewed. The OECD presented Pillar 1 and 2 as a way to solve the tax challenges arising from the digitalization of the economy, and members of the OECD/G20 Inclusive Framework on BEPS agreed on October 2021 to the statement on the two-pillar solution as a final agreement. The above statement aimed to implement Pillar One worldwide by opening the Multilateral Convention(“MLC”) for signature in 2022 with Amount A coming into effect in 2023. Accordingly, since February 2022, the OECD has been conducting a public consultation process to invite public input on the draft model rules for each building block of Pillar One. However, the global implementation of the Pillar One is expected to be only after 2024 because there are various opinions on core issues. According to the development in the international discussion above, it seems to be inappropriate to make a specific plan to implement Pillar One in Korea at the current time. However, it is worth looking at two key issues at this time - (i) whether the underlying principles of the Revenue Sourcing Rule are valid and (ii) what will be the subject of domestic legislation. As for the basic principle of the Revenue Sourcing Rule, it is necessary to review whether it is possible to limit the transaction-by-transaction approach and the finished goods and end market rule. In terms of feasibility, dispute resolution procedures such as prior approval or mutual agreement should be considered together. As for the subject of domestic legislation, it is more reasonable to enact a new law on Pillar One than to revise the existing tax law considering the purpose and contents of Pillar One. And, it is necessary to look at the domestic implementation plan of Pillar Two, which is going ahead of Pillar One.