Thursday, October 21, 2021

USTR Welcomes Agreement with Austria, France, Italy, Spain, and the United Kingdom on Digital Services Taxes

On October 21, 2021, the Office of the United States Trade Representative welcomed the announcement by the Department of the Treasury that the United States has reached an agreement with Austria, France, Italy, Spain, and the United Kingdom regarding the treatment of Digital Services Taxes (DSTs) during the interim period prior to full implementation of Pillar 1 of the Organization for Economic Co-operation and Development (OECD) agreement.

Under the Agreement, in defined circumstances, DST liability that U.S. companies accrue during the interim period will be creditable against future income taxes accrued under Pillar 1 under the OECD agreement. In return, the United States will terminate the currently-suspended additional duties on goods of Austria, France, Italy, Spain, and the United Kingdom that had been adopted in the DST Section 301 investigations. USTR is proceeding with the formal steps required for terminating the Section 301 trade actions, and in coordination with Treasury, will monitor implementation of the agreement going forward.

The Agreement on DSTs is reflected in a Joint Statement from Austria, France, Italy, Spain, the United Kingdom, and the United States Regarding a Compromise on a Transitional Approach to Existing Unilateral Measures During the Interim Period Before Pillar 1 is in Effect, which may be found here. Turkey and India, the other two countries covered by the DST investigations, have not joined in the agreement

Agathon Associates previously reported this agreement will avert imposition of retaliatory tariffs on:

  • Certain apparel and footwear from the U.K.,
  • Certain travel goods, apparel of wool, cashmere, or other fibers, and footwear from Italy,
  • Certain textiles from Austria, and
  • Travel goods, footwear, and hats from Spain.

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