The Organization for Economic Co-Operation and Development (OECD) Global Tax Deal (Global Tax Deal)
Memorandum
•
January 30, 2025
•
Document 2025-02043
Summary
The President has issued a memorandum stating that the OECD Global Tax Deal, which was supported by the previous administration, will not be recognized in the United States unless Congress enacts it into law. This move aims to protect U.S. sovereignty and economic interests by preventing foreign tax policies from imposing on American businesses. The administration will also explore options to counteract any discriminatory or extraterritorial tax measures imposed by other countries, potentially leading to diplomatic and economic tensions as the U.S. seeks to shield its companies from unfavorable international tax regimes.
Full Text
[Federal Register Volume 90, Number 19 (Thursday, January 30, 2025)]
[Presidential Documents]
[Pages 8483-8484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02043]
Presidential Documents
Federal Register / Vol. 90, No. 19 / Thursday, January 30, 2025 /
Presidential Documents
[[Page 8483]]
Memorandum of January 20, 2025
The Organization for Economic Co-Operation and
Development (OECD) Global Tax Deal (Global Tax Deal)
Memorandum for the Secretary of the Treasury[,] the
United States Trade Representative[, and] the Permanent
Representative of the United States to the Organization
for Economic Co-Operation and Development
The OECD Global Tax Deal supported under the prior
administration not only allows extraterritorial
jurisdiction over American income but also limits our
Nation's ability to enact tax policies that serve the
interests of American businesses and workers. Because
of the Global Tax Deal and other discriminatory foreign
tax practices, American companies may face retaliatory
international tax regimes if the United States does not
comply with foreign tax policy objectives. This
memorandum recaptures our Nation's sovereignty and
economic competitiveness by clarifying that the Global
Tax Deal has no force or effect in the United States.
Section 1. Applicability of the Global Tax Deal. The
Secretary of the Treasury and the Permanent
Representative of the United States to the OECD shall
notify the OECD that any commitments made by the prior
administration on behalf of the United States with
respect to the Global Tax Deal have no force or effect
within the United States absent an act by the Congress
adopting the relevant provisions of the Global Tax
Deal. The Secretary of the Treasury and the United
States Trade Representative shall take all additional
necessary steps within their authority to otherwise
implement the findings of this memorandum.
Sec. 2. Options for Protection from Discriminatory and
Extraterritorial Tax Measures. The Secretary of the
Treasury in consultation with the United States Trade
Representative shall investigate whether any foreign
countries are not in compliance with any tax treaty
with the United States or have any tax rules in place,
or are likely to put tax rules in place, that are
extraterritorial or disproportionately affect American
companies, and develop and present to the President,
through the Assistant to the President for Economic
Policy, a list of options for protective measures or
other actions that the United States should adopt or
take in response to such non-compliance or tax rules.
The Secretary of the Treasury shall deliver findings
and recommendations to the President, through the
Assistant to the President for Economic Policy, within
60 days.
Sec. 3. General Provisions. (a) Nothing in this
memorandum shall be construed to impair or otherwise
affect:
(i) the authority granted by law to an executive department, agency, or its
head; or
(ii) the functions of the Director of OMB relating to budgetary,
administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent
with applicable law and subject to the availability of
appropriations.
[[Page 8484]]
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any
party against the United States, its departments,
agencies, or entities, its officers, employees, or
agents, or any other person.
(Presidential Sig.)
THE WHITE HOUSE,
Washington, January 20, 2025
[FR Doc. 2025-02043
Filed 1-29-25; 8:45 am]
Billing code 3395-F4-P