Witholding tax in the era of BEPS, CIVs and the digital economy

Withholding tax has a very long history and plays an essential role in the tax system of almost every country. In some respects it is a very elementary taxing instrument as it applies to gross payments rather than net income but provides a convenient mechanism for tax to be levied where it might otherwise be difficult. The environment in which withholding tax operates has changed in recent years almost beyond recognition although underlying influences that gave rise to withholding tax persist. The development of the digitalised economy has prompted policy-makers to expand the scope of withholding taxes to include circumstances where tax would not have been levied in the past but this alternative to traditional business income taxation is thought to be necessary where income generating business activities occur remotely. The BEPS actions do not deal with withholding taxes even though many of them touch on circumstances where they may or could apply. In addition, the machinery for the exchange of information and cross-border cooperation has leaped ahead in the last few years and with technology supporting a rapidly expanding framework of crossborder instruments the role and functioning of withholding taxes may undergo further dramatic change as the business world expands and contracts at the same time and tax authorities’ mutual awareness of that world increases. This panel will explore all of these issues including the implications for CIVs (collective investment vehicles) and their investors. It will raise fundamental questions about withholding tax in general and it will offer practical recommendations for practitioners and policy-makers.