Hacia dónde van y hacia dónde deberían ir las normas de fiscalidad internacional

This study outlines some ideas concerning current international taxation and how it should be handled. The taxation patterns currently implemented are legacy of the last century and are not well suited to dealing with the current situation of multinational groups. An updating is proposed, to produce a modern framework that is appropriate for and accepted by the international community. To that end, the initiatives recently taken by the EU and the OECD are examined from two viewpoints. In the BEPS approach (CBIT model) a large proportion for the artificial transfer of results to group companies which pay taxes in privileged tax regimes are made by means of excessive borrowing, hybrid instruments and transfer prices that have little to do with the principle of free competition. An alternative to the current framework of corporation tax is suggested which stems from a combination of the so-called CBIT model with taxation on the worldwide consolidated tax base. This is known as the CCCTB approach, and it highlights the importance of consolidation, and of taxing the worldwide consolidated tax base. The paper asserts that a corporation tax structure based on a blend of the two approaches is conceivable if it is backed up by the accounting information provided by consolidated annual accounts, as regards the taxation of dependent companies with no need to resort to a predetermined apportionment formula.