Banca de DEFESA: FERNANDO BORGES MOREIRA DE LIMA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : FERNANDO BORGES MOREIRA DE LIMA
DATE: 21/02/2025
TIME: 11:30
LOCAL: SALA A1-04
TITLE:

BEPS 2.0 and Pillar Two: Impacts of the Global Minimum Tax on Developing Countries 

KEY WORDS:

BEPS; OECD; Pillar Two; Tax Competition; Tax Incentives; Developing Countries; International Taxation; Tax Reform 

PAGES: 130
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The dissertation analyzes the implementation of the OECD's BEPS 2.0 Project, focusing on Pillar Two (GloBE) and its impact on developing countries, particularly Brazil. The study examines how these new tax rules affect tax competition, national revenue collection, and tax incentive policies. The first chapter discusses the evolution of the concept of tax nexus, highlighting how taxation has become a legal relationship based on constitutional norms. It analyzes the insufficiency of traditional criteria such as tax residency, source, and permanent establishment in the face of the digitalization of the economy, which intensifies base erosion. The second chapter explores the characteristics of the digital economy and the absence of a clear tax nexus for multinational enterprises. The research revisits the OECD's original BEPS Project, its fifteen actions, and the transition to BEPS 2.0, which introduced Pillar One, focused on reallocating taxing rights to market jurisdictions, and Pillar Two, which establishes a global minimum tax of 15%. The third chapter evaluates how developing countries, highly dependent on tax incentives, suffer from international tax competition and the "race to the bottom" phenomenon. It discusses tax spillovers, demonstrating how the fiscal policies of developed countries negatively affect the revenues of emerging economies. The fourth chapter questions whether the implementation of Pillar Two will benefit or harm developing countries. Although the OECD argues that the minimum tax rate would reduce the need for tax incentives, the research indicates that the lack of infrastructure and other competitive advantages makes these incentives essential for the competitiveness of these countries. The fifth chapter proposes adjustments to fiscal policy to adapt to BEPS 2.0, suggesting the replacement of tax exemptions with Qualified Refundable Tax Credits (QRTC) and the adoption of the Qualified Domestic Minimum Top-up Tax (QDMTT) to prevent revenue loss to other jurisdictions. The sixth chapter analyzes the implementation of Pillar Two in Brazil, including Provisional Measure No. 1,262/2024 and Bill No. 3,817/2024, which create an additional CSLL for undertaxed multinationals. It compares Brazilian legislation with policies adopted in Malaysia, South Africa, and Vietnam, highlighting common strategies and specific challenges. The research concludes that the adoption of Pillar Two should not be viewed merely as a revenuegenerating measure but as an opportunity to promote not only the neutrality and efficiency of the fiscal system but also for developing countries to reposition themselves in the global landscape, reducing their dependence on tax incentives and investing in infrastructure and innovation. 

COMMITTEE MEMBERS:
Interna - 1347019 - AMANDA FLAVIO DE OLIVEIRA
Presidente - 154321 - ANTONIO DE MOURA BORGES
Externo à Instituição - JEFERSON TEODOROVICZ - FGV
Externo à Instituição - MARCOS AURÉLIO PEREIRA VALADÃO - FGV