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Treasury says tax system misses digital

There is serious concern that Australia's tax system is failing as global technology companies shift profits into low-tax jurisdictions, a Treasury paper has warned.
By · 3 May 2013
By ·
3 May 2013
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There is serious concern that Australia's tax system is failing as global technology companies shift profits into low-tax jurisdictions, a Treasury paper has warned.

The Treasury document comes a day after the body representing companies including Apple, Google and Microsoft hit back at the government's efforts to force disclosure of the amount of tax they pay here.

The issues paper was released by a government-appointed taskforce to advise Treasury on tax erosion.

It said the shift towards knowledge-based goods and services, such as online advertising, had left Australia's tax system unsustainable.

"The global reach of multinational enterprises, along with the developments in information and communication technology ... provides them with a high degree of flexibility in how to structure their affairs."

The impact of the global financial crisis on government tax revenues around the world had triggered greater attention to elaborate tax minimisation strategies, such as the so-called "double Irish-Dutch sandwich", which companies such as Apple used to avoid corporate tax rates in Australia.

However, it admitted it had insufficient data to measure the scope of tax avoidance committed by multinational firms, which are able to exploit gaps in the international tax system through complex ownership structures. "These developments raise serious concerns about the efficiency, equity and sustainability of the income tax system." It called on submissions that addressed possible solutions to tax erosion and any data that would assist the Tax Office identify profit shifting.

The report comes after a Senate hearing on Tuesday into the tax avoidance and multinational profit-shifting bill, expected to be introduced soon.

Both are part of a broader push by the federal government to clamp down on multinational tax avoidance, which also includes a bill that would force companies to disclose how much tax they pay.

The Australian Information Industry Association said that if the government's efforts meant a "naming and shaming" of implicated companies some might pull out of the local market and lead to job losses.

But Assistant Treasurer David Bradbury said the moves would tighten loopholes and protect more than $10 billion of revenue over the next four years. "We need to make sure we are doing everything possible through our domestic laws to keep up with the changing nature of global commerce in the information age."
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Frequently Asked Questions about this Article…

The Treasury issues paper warned that Australia’s tax system is under serious strain as global technology companies shift profits into low‑tax jurisdictions. It said the rise of knowledge‑based goods and services, and advances in information and communication technology, give multinationals greater flexibility to structure their affairs and exploit gaps in the international tax system.

The paper says multinational enterprises use their global reach and complex ownership structures to move profits to low‑tax jurisdictions. It highlights the shift toward knowledge‑based products (for example online advertising) that can be located or priced in ways that reduce taxable profits in Australia.

The report refers to the so‑called 'double Irish‑Dutch sandwich' as an example of an elaborate tax minimisation strategy. It notes companies such as Apple have used this type of arrangement to avoid higher corporate tax rates in Australia.

The federal government is pursuing a suite of measures including a forthcoming tax avoidance and multinational profit‑shifting bill and proposed laws that would force companies to disclose how much tax they pay in Australia. A Senate hearing has already examined these issues and Treasury’s taskforce released the issues paper to inform policy.

According to Assistant Treasurer David Bradbury, tightening loopholes through domestic laws could protect more than $10 billion of revenue over the next four years. That is the government’s estimate cited in the report.

Treasury’s issues paper calls for submissions that propose solutions to tax erosion and provide any data that would help the Australian Taxation Office identify profit shifting. The paper also notes there is currently insufficient data to measure the full scope of multinational tax avoidance.

Industry bodies representing companies including Apple, Google and Microsoft have pushed back against forced disclosure. The Australian Information Industry Association warned that public 'naming and shaming' could prompt some firms to pull out of the local market and potentially lead to job losses.

Investors should monitor developments on the multinational profit‑shifting bill, disclosure rules and Treasury consultations. Changes could affect company tax bills, corporate behaviour in Australia and government revenue — all factors that can influence corporate earnings, employment and market sentiment locally.