PL EN
REVIEW PAPER
ECONOMIC SECURITY OF THE EUROPEAN UNION IN THE LIGHT OF THE DIGITAL BUSINESS MODELS APPLIED BY THE MULTI-NATIONAL ENTERPRISES
 
 
 
More details
Hide details
1
Uniwersytet Łódzki
 
 
Publication date: 2018-12-19
 
 
SBN 2018;14(2): 409-424
 
KEYWORDS
ABSTRACT
The issue of economic security and fiscal matters are closely connected to each other, especially taking into account the massive non-taxation of the digital business models, which can be observed in the present economic reality. The non-effective taxation of the digital business models together with fiscal losses caused by this phenomenon are nowadays as high on the international, political agenda as e.g. climate change. European Union has been even called as “vulnerable” to tax planning activities, made by digital enterprises. The essence of the discussed in the Article issue is that the fundamental rules of the international tax law were created in the late 19th century and well-established during the 20th century – in the reality, in which the digital business models could not have been even predicted. As a result of application of these outdated rules, the income generated in the source state cannot be there taxed. Furthermore, this activity does not constitute a breach of tax law and cannot be perceived as tax evasion or tax avoidance. The European Commission initiated the proceedings against Ireland for illegal state aid, received by Apple in the amount of 13 billion EUR (taxes unpaid in relation to transfer pricing rules, unlawfully approved by the Irish tax authorities). Almost at the same time, as a result of D. Trump’s tax reform, Apple agreed to pay voluntary in the U.S. 38 billion USD in taxes, invest350 billion USD and create there over 20.000 jobs. In Spring 2018, as a result of the demand requested by the Member States, the European Commission presented a project to overcome non-effective taxation of the digital business models in the European Union. However, the adoption of the project is unlikely to happen– for the reason of the requirement to reach unanimity between states (until now some states expressed objections or even rejected the project), as well as grounding the long-term solution on the idea, which has already been rejected by the Member States in 2011.In the article the Author describes the reasons for a lack of effective taxation of the digital business models in the source state, outlines the essence of the economic security and influence on it made by the tax planning schemes, applied by digital enterprises, as well as drafts the particular position of the Multi-National Enterprises in the post-globalised world. In the article are also presented means of reaction, coined on the international and European level to overcome that challenge, posed before the modern societies. The Author stresses also that having regard these particularities of the income taxation, in the international tax law doctrine more and more often the idea of abolishing income taxes is taken into consideration, especially in relation to the CIT (corporate income tax).
REFERENCES (17)
1.
Andersson M., Jensen K., Orpo P.,Nordic states urge U-turn on EU digital tax plans,online: euobserver.com [access: 15th August 2018].
 
2.
Ash R., Protecting Intellectual Property and the Nation's Economic Security, Landslide No. 6/2014.
 
3.
Avi-Yonah R.S., Hanging Together: A Multilateral Approach to Taxing Multinationals, Michigan Business & Entrepreneurial Law Review, Vol. 5 Iss. 2, 2016.
 
4.
Banach J., Polskie umowy o unikaniu podwójnego opodatkowania, C.H. Beck, Warszawa 2000.
 
5.
Brunsden J., Austria ramps up push for EU-wide digital tax on Big Tech, Financial Times July 16th, 2018, online: ft.com [access: 15th August 2018].
 
6.
Dudzic M., Przegląd prac OECD związanych z BEPS w kontekście suwerenności państwa, Kwartalnik Prawa Podatkowego No. 3/2014.
 
7.
European Commission, Press statement of the European Commission of October 4th, 2017, online: http://europa.eu/rapid/press-r... [access: August 15th, 2018].
 
8.
European Commission, Communication from the Commission to the European Parliament and the Council “Time to establish a modern, fair and efficient taxation standard for the digital economy”, COM(2018) 146 final, Brussels, 21.3.2018.
 
9.
European Commission, Expert group on taxation of the digital economy. Working Paper: Digital Economy - Facts & Figures, Brussels 2014.
 
10.
European Commission, Proposal for a Council Directive on a Common Consolidated Corporate Tax Base (CCCTB),COM (2011) 121 final, 2011/0058, Brussels 16.3.2011.
 
11.
Hoxie J., Commentary: Apple Avoided $40 Billion in Taxes. Now It Wants a Gold Star?, Fortune January 19th, 2018, online: fortune.com [access: August 15th, 2018].
 
12.
Jędrzejczyk Cz., Perspektywy zwiększenia wpływów z VAT w Polsce w aspekcie systemów informatycznych, [in:] A. Jackiewicz (ed.), A. Traszkowska-Dmoch (ed.), Bezpieczeństwo ekonomiczne państwa. Uwarunkowania, procesy, skutki, CeDeWu, Warszawa 2017.
 
13.
Kane M.A., A defense of source rules in international taxation, Yale Journal on Regulation 2015 Iss. 2, Art. 4.
 
14.
Księżopolski K., Bezpieczeństwo ekonomiczne – przedmiot badań i praktyka, [in:] M. Gębska (ed.), M. Kubiak (ed.), Współczesne bezpieczeństwo ekonomiczne. Wymiar międzynarodowy, Akademia Sztuki Wojennej, Warszawa 2016.
 
15.
Kukulski Z., Konwencja modelowa OECD i Konwencja modelowa ONZ w polskiej praktyce traktatowej, Wolters Kluwer, Warszawa 2015.
 
16.
Le Maire B., Press statement for Bloomberg, 7th August 2017.
 
17.
Lubbe A.,National Economic Security, The Polish Quarterly of International Affairs, No. 59/1997.
 
ISSN:2082-2677
Journals System - logo
Scroll to top