Social Europe

  • EU Forward Project
  • YouTube
  • Podcast
  • Books
  • Newsletter
  • Membership

How can the EU achieve a fair distribution of the tax burden?

Susanne Wixforth 10th November 2020

Falling corporate taxation has been matched by a rising contribution from labour. But there are ways to redress the balance between citizens and companies.

digital tax, tax burden
Susanne Wixforth

Tax policy in the European Union is based on a fundamental and as yet unresolved tension between the common internal market and 27 different tax systems. The internal market guarantees the free movement of capital but tax enforcement essentially ends at national borders. At the same time, the member states are driven into organised tax competition, which undermines their fiscal sovereignty. 

This leads to revenue losses in a period of unprecedented global challenges, from climate change to the Covid-19 crisis. The current fiscal patchwork is not an option to make Europe strong in the world. The principle of fair taxation must become the standard in the EU.

Active assistance

In the first quarter of 2020, five member states already had a national debt greater than their gross domestic product, including two large founding states, France and Italy. At the same time, global corporations are withdrawing from tax collection: in 2011, Apple made profits of €16 billion in Europe yet paid just €50 million in taxes to the Republic of Ireland, where all these profits were booked. 

This ‘tax bargain’ was made possible thanks to the active assistance of the Irish tax authorities, which provided Apple with an attractive tax-saving scheme. To add insult to injury, in July a ruling by the Court of Justice of the EU relieved Google of an additional tax payment of €13 billion which the European Commission had directed in 2016.

Amazon’s operating profit in 2018 was around €11 billion but between 2003 and 2014 the company did not pay tax on 75 per cent of its EU sales. This was made possible through a preliminary tax assessment agreed with the Luxembourg tax authorities. In the United States, the Amazon group even received a tax credit of $137 million. 

Shifting burden

It is unsurprising companies take advantage of the peculiarities of tax systems for their aggressive tax planning, while formally adhering to ‘the letter of the law’. The principle of fair taxation of citizens and companies is thus a receding horizon. The graphs below show how the burden of taxation has shifted from corporations to labour in recent times.

Implicit tax rate on labour, 2006-18 (%)

digital tax, tax burden

Nominal and effective corporate tax rates (%)

digital tax, tax burden
Source: European Commission, DG Taxation and Customs Union, based on Eurostat data

As a result, economic disparities between and within member states are widening, fuelled by the Covid-19 pandemic. In its Action Plan for Fair and Simple Taxation to Support the Recovery Strategy, the European Commission affirms that tax fraud and evasion pose a threat to public finances and that member states ‘today more than ever need secure tax revenues to invest in the people and businesses that need them most’.

This is however tantamount to conceding that EU packages of measures, such as the directive to combat tax avoidance, have remained largely ineffective. Indeed the loss of revenue by member states due to international tax evasion was estimated in 2016 at €46 billion for income, capital-gains, wealth and inheritance tax, and in 2017 at €137 billion for value-added tax. In addition to tax-avoidance offers, tax competition is taking place among member states for company settlements with regard to corporate-tax rates: these range from 9 per cent in Hungary to 34.4 per cent in France.

Real solution

With fair burden-sharing thus undermined and fair competition frustrated, 74 per cent of EU citizens believe urgent action must be taken against tax avoidance and evasion. However, the European Commission’s ambitious agenda to tackle tax avoidance with the help of state-aid law, opening proceedings against Apple, Google, Fiat Finance and others, often fails because of insufficient evidence. The procedural route is not a promising option—a real solution can only be found through joint, European and global, regulatory efforts.

Is anything new and revolutionary possible within the framework of the Treaty on the Functioning of the EU? Article 113 provides for unanimity in the Council of the EU for the harmonisation of indirect taxes. This is probably one reason why there exists only one harmonised minimum tax rate in the EU—for VAT—and this dates back to 1993. The pandemic and empty state coffers could set the ball rolling again for reform.

The tax legislation of the last century is based on the principle that profits are taxed at the place of value creation, starting from the physical presence of a company. This model is being undermined by globally operating corporations, through profit shifting within the corporate structure. Digital business models, which are largely based on intangible assets, are currently taxed differently or not at all. The commission presented two legislative drafts for the taxation of the digital economy as early as 2018.

Digital taxation

The first initiative concerns the taxation of digital companies. It aims to harmonise tax rules for companies with a significant digital presence in the internal market. Profits should be registered and taxed where interactions between companies and users take place via digital channels. In addition, the draft directive on the Common Consolidated Corporate Tax Base is supposed to be extended to include a tax connection point for digital business activities.

This would be a first step towards an EU-wide, harmonised approach to recording tax incidents. Profits are allocated to those member states in which subsidiaries are located or in which a digital presence is established.

The second proposal is for a transitional tax of 3 per cent of turnover for the provision of digital services by multinational companies. It is estimated this ‘digital tax’ could generate revenues of €5 billion per year.

These proposals by the commission were rejected by the council in 2019. Some member states—Austria, France, Italy, Spain and the United Kingdom—introduced their own digital taxes. Germany decided against it because of fears of US tariffs, for example against the German automotive industry, as a retaliatory measure. This France has already experienced: due digital tax prepayments were suspended until the end of 2020, after the US had announced punitive tariffs.

European ambition

Does fair corporate taxation inevitably lead to a trade war? A global agreement via the Organisation for Economic Co-operation and Development would certainly be desirable. Such efforts must not however prevent the EU continuing on the path of harmonisation. The economy commissioner, Paolo Gentiloni, is keen to sustain the European ambition: in the absence of agreement at OECD level in 2020, he announced a push for the taxation of digital companies in the first half of 2021. The tax is intended to be paid primarily by large US technology groups, such as Amazon and Google, but also by new market participants such as the Chinese groups Tencent and Alibaba. The French finance minister, Bruno Le Maire, has explicitly supported this initiative.

From a trade union perspective, a common European approach is essential to achieve a fair distribution of the tax burden and sustainable public finances for upward social and economic convergence. If this cannot be achieved unanimously, the instrument of enhanced co-operation among ambitious member states remains one way out of the blockage. Another would be a framework directive which defined common standards only for those countries that wanted to introduce the digital tax and the minimum tax rate domestically.

This is part of a series on Corporate Taxation in a Globalised Era supported by the Hans Böckler Stiftung

Susanne Wixforth
Susanne Wixforth

Susanne Wixforth is deputy head of the Economic Policy Department in the Vienna Chamber of Labour.

Harvard University Press Advertisement

Social Europe Ad - Promoting European social policies

We need your help.

Support Social Europe for less than €5 per month and help keep our content freely accessible to everyone. Your support empowers independent publishing and drives the conversations that matter. Thank you very much!

Social Europe Membership

Click here to become a member

Most Recent Articles

u4219834664e04a 8a1e 4ee0 a6f9 bbc30a79d0b1 2 Closing the Chasm: Central and Eastern Europe’s Continued Minimum Wage ClimbCarlos Vacas-Soriano and Christine Aumayr-Pintar
u421983467f bb39 37d5862ca0d5 0 Ending Britain’s “Brief Encounter” with BrexitStefan Stern
u421983485 2 The Future of American Soft PowerJoseph S. Nye
u4219834676d582029 038f 486a 8c2b fe32db91c9b0 2 Trump Can’t Kill the Boom: Why the US Economy Will Roar Despite HimNouriel Roubini
u42198346fb0de2b847 0 How the Billionaire Boom Is Fueling Inequality—and Threatening DemocracyFernanda Balata and Sebastian Mang

Most Popular Articles

startupsgovernment e1744799195663 Governments Are Not StartupsMariana Mazzucato
u421986cbef 2549 4e0c b6c4 b5bb01362b52 0 American SuicideJoschka Fischer
u42198346769d6584 1580 41fe 8c7d 3b9398aa5ec5 1 Why Trump Keeps Winning: The Truth No One AdmitsBo Rothstein
u421983467 a350a084 b098 4970 9834 739dc11b73a5 1 America Is About to Become the Next BrexitJ Bradford DeLong
u4219834676ba1b3a2 b4e1 4c79 960b 6770c60533fa 1 The End of the ‘West’ and Europe’s FutureGuillaume Duval
u421983462e c2ec 4dd2 90a4 b9cfb6856465 1 The Transatlantic Alliance Is Dying—What Comes Next for Europe?Frank Hoffer
u421983467 2a24 4c75 9482 03c99ea44770 3 Trump’s Trade War Tears North America Apart – Could Canada and Mexico Turn to Europe?Malcolm Fairbrother
u4219834676e2a479 85e9 435a bf3f 59c90bfe6225 3 Why Good Business Leaders Tune Out the Trump Noise and Stay FocusedStefan Stern
u42198346 4ba7 b898 27a9d72779f7 1 Confronting the Pandemic’s Toxic Political LegacyJan-Werner Müller
u4219834676574c9 df78 4d38 939b 929d7aea0c20 2 The End of Progess? The Dire Consequences of Trump’s ReturnJoseph Stiglitz

Eurofound advertisement

Ageing workforce
How are minimum wage levels changing in Europe?

In a new Eurofound Talks podcast episode, host Mary McCaughey speaks with Eurofound expert Carlos Vacas Soriano about recent changes to minimum wages in Europe and their implications.

Listeners can delve into the intricacies of Europe's minimum wage dynamics and the driving factors behind these shifts. The conversation also highlights the broader effects of minimum wage changes on income inequality and gender equality.

Listen to the episode for free. Also make sure to subscribe to Eurofound Talks so you don’t miss an episode!

LISTEN NOW

Foundation for European Progressive Studies Advertisement

Spring Issues

The Spring issue of The Progressive Post is out!


Since President Trump’s inauguration, the US – hitherto the cornerstone of Western security – is destabilising the world order it helped to build. The US security umbrella is apparently closing on Europe, Ukraine finds itself less and less protected, and the traditional defender of free trade is now shutting the door to foreign goods, sending stock markets on a rollercoaster. How will the European Union respond to this dramatic landscape change? .


Among this issue’s highlights, we discuss European defence strategies, assess how the US president's recent announcements will impact international trade and explore the risks  and opportunities that algorithms pose for workers.


READ THE MAGAZINE

Hans Böckler Stiftung Advertisement

WSI Report

WSI Minimum Wage Report 2025

The trend towards significant nominal minimum wage increases is continuing this year. In view of falling inflation rates, this translates into a sizeable increase in purchasing power for minimum wage earners in most European countries. The background to this is the implementation of the European Minimum Wage Directive, which has led to a reorientation of minimum wage policy in many countries and is thus boosting the dynamics of minimum wages. Most EU countries are now following the reference values for adequate minimum wages enshrined in the directive, which are 60% of the median wage or 50 % of the average wage. However, for Germany, a structural increase is still necessary to make progress towards an adequate minimum wage.

DOWNLOAD HERE

KU Leuven advertisement

The Politics of Unpaid Work

This new book published by Oxford University Press presents the findings of the multiannual ERC research project “Researching Precariousness Across the Paid/Unpaid Work Continuum”,
led by Valeria Pulignano (KU Leuven), which are very important for the prospects of a more equal Europe.

Unpaid labour is no longer limited to the home or volunteer work. It infiltrates paid jobs, eroding rights and deepening inequality. From freelancers’ extra hours to care workers’ unpaid duties, it sustains precarity and fuels inequity. This book exposes the hidden forces behind unpaid labour and calls for systemic change to confront this pressing issue.

DOWNLOAD HERE FOR FREE

ETUI advertisement

HESA Magazine Cover

What kind of impact is artificial intelligence (AI) having, or likely to have, on the way we work and the conditions we work under? Discover the latest issue of HesaMag, the ETUI’s health and safety magazine, which considers this question from many angles.

DOWNLOAD HERE

Social Europe

Our Mission

Team

Article Submission

Advertisements

Membership

Social Europe Archives

Themes Archive

Politics Archive

Economy Archive

Society Archive

Ecology Archive

Miscellaneous

RSS Feed

Legal Disclosure

Privacy Policy

Copyright

Social Europe ISSN 2628-7641