REFORMAS FISCALES DIGITALES MUNDIALES: POSIBLES CONSECUENCIAS PARA PAÍSES MINEROS

This briefing analyzes the potential impacts of the OECD/G20 Inclusive Framework's global digital tax reforms on resource-rich countries, specifically within the mining sector. While framed as a digital tax, the two-pillar approach has broad implications for how mining multinationals are taxed and how revenue is allocated between producer countries and market jurisdictions.

• The OECD's global digital tax initiative, managed by the Inclusive Framework on BEPS, aims to ensure digital companies pay taxes where they conduct business regardless of physical presence, but its scope extends beyond digital services to affect the mining sector.
• Under Pillar One's 'Amount A', non-renewable resources, including minerals and hydrocarbons, are explicitly excluded from the new taxing rights for market countries. This ensures the primary taxing authority remains with the resource-producing country, although precious stones may be an exception due to value generated during marketing.
• The briefing argues that 'Amount B'—which assigns a fixed return to marketing activities in market countries—is unsuitable for mining because minerals are physical assets with limited value added by marketing intangibles. It suggests a specific industry rule to prevent profit shifting to low-tax marketing hubs.
• The 'Amount C' (Tax Certainty) process emphasizes binding dispute resolution for transfer pricing and permanent establishment adjustments, which the document suggests could undermine national sovereignty by moving international tax disputes outside of domestic law.
• Pillar Two proposes a global minimum effective tax rate to discourage profit shifting to tax havens. While this could help resource-rich countries combat tax evasion via offshore hubs, the EUR 750 million annual gross revenue threshold may exclude many smaller companies operating in developing nations.
• Pillar Two may negatively impact developing countries because its method for calculating effective tax rates differs from local rules that allow rapid depreciation of exploration and development costs. This could lead to mining projects paying taxes to foreign jurisdictions during cost-recovery periods when they have accounting profits but no taxable profits.
• The current Pillar Two proposal is viewed as biased toward wealthier nations where mining headquarters are located. The illustrative rates of 7.5% to 17.5% are considered too low to prevent downward pressure on statutory tax rates in the mining sector, which typically reach 30%.

APA

Readhead, A., & Lassourd, T. (2021). REFORMAS FISCALES DIGITALES MUNDIALES: POSIBLES CONSECUENCIAS PARA PAÍSES MINEROS. International Institute for Sustainable Development. https://www.iisd.org/system/files/2021-04/digital-tax-reform-mining-es.pdf

Chicago

Readhead, Alexandra, and Thomas Lassourd. REFORMAS FISCALES DIGITALES MUNDIALES: POSIBLES CONSECUENCIAS PARA PAÍSES MINEROS. International Institute for Sustainable Development, 2021. https://www.iisd.org/system/files/2021-04/digital-tax-reform-mining-es.pdf.

Wikipedia

{{cite report |last1=Readhead |first1=Alexandra |last2=Lassourd |first2=Thomas |title=REFORMAS FISCALES DIGITALES MUNDIALES: POSIBLES CONSECUENCIAS PARA PAÍSES MINEROS |publisher=International Institute for Sustainable Development |date=March 2021 |url=https://www.iisd.org/system/files/2021-04/digital-tax-reform-mining-es.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{readhead2021reformas, author = {Readhead, Alexandra and Lassourd, Thomas}, title = {{REFORMAS FISCALES DIGITALES MUNDIALES: POSIBLES CONSECUENCIAS PARA PAÍSES MINEROS}}, institution = {International Institute for Sustainable Development}, year = {2021}, month = mar, url = {https://www.iisd.org/system/files/2021-04/digital-tax-reform-mining-es.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }