Read The Times Australia

Daily Bulletin

Australia is in the firing line of Trump’s looming ‘revenge tax’. It’s a fight we’re unlikely to win

  • Written by: Graeme Cooper, Professor of Taxation Law, University of Sydney
Australia is in the firing line of Trump’s looming ‘revenge tax’. It’s a fight we’re unlikely to win

The Australian Labor Party just won an election victory for the ages. Now, it may be forced to walk back one of the key achievements of its first term.

Here’s why: United States President Donald Trump is about to declare an income tax war on much of the world – and we Australians are not on the same side.

Over in the US, the “One Big Beautiful Bill act” – a tax and spending package worth trillions of dollars – has been passed by the House of Representatives. It’s now before the Senate for consideration.

Within it lies a new and highly controversial provision: Section 899. This increases various US tax rates payable by taxpayers from any country the US claims is maintaining an “unfair foreign tax” by five percentage points each year, up to an additional 20% loading.

Having been an integral part of an international effort to create a global 15% minimum tax, Australia now finds itself in the firing line of Trump’s “revenge tax” warfare – and it’s a fight we’re unlikely to win.

A global minimum tax rate

The origins of the looming income tax war started in 2013, when the Organisation for Economic Co-operation and Development (OECD) released its plan to stamp out “base erosion and profit shifting”.

This refers to a range of strategies often used by multinational companies to minimise the tax they pay, exploiting differences and gaps in the tax rules of different countries.

The OECD’s first attempt to tackle the problem was a collection of disparate measures directed not only at corporate tax avoidance, but also controlling tax poaching by national governments and “sweetheart deals” negotiated by tax officials.

Under both Labor and the Coalition, Australia was initially an enthusiastic backer of these attempts.

However, the project was not a widespread success. Many countries endorsed the final reports but, unlike Australia, few countries acted on them.

After the failure of this first project, the OECD tried again in 2019. This evolved to encompass two “pillars” to change the global tax rules.

Pillar one would give more tax to countries where a company’s customers are located. Pillar two is a minimum tax of 15% on (a version of) the accounting profits of the largest multinationals earned in each country where the multinational operates.

Labor picked up this project for the 2022 election, promising to support both pillars – and they honoured that promise.

Speaker of the House Mike Johnson speaking during a press conference.
US Speaker of the House Mike Johnson speaks following the passage of the One Big Beautiful Bill Act on May 22. The Washington Post/Getty

Mixed success

Around the world, the two pillar project had mixed success. Pillar one was dead-on-arrival: most countries did nothing. But Australia and several other countries, mostly in Europe, implemented pillar two – the global minimum tax.

The OECD has always maintained the base erosion and profit shifting (BEPS) project was a coalition of the willing, meant to rebalance the way income tax is allocated between producer and consumer countries, and rid the world of tax havens.

In the US, Republicans did not share that view. For them, BEPS was simply another attempt by foreign countries to get more tax from US companies.

This Republican dissatisfaction with the OECD is now on full display. On the first day of his second term, Trump issued an executive order, formally repudiating any OECD commitments the Biden administration might have given.

He also directed his officials to report on options for retaliatory measures the US could take against any foreign countries with income tax rules that are “extraterritorial” or “disproportionately affect American companies”.

Why Australia is so exposed

Australia could find itself in the firing line of Trump’s tax warfare on many fronts. And the US doesn’t lack firepower. Section 899 adds to a number of retaliatory tax provisions the US already had at its disposal.

The increased tax rates would affect Australian super funds and other investors earning dividends, rent, interest, royalties and other income from US companies. Australian super funds in particular are heavily invested in US markets, which have outperformed local stocks in recent years.

It would also affect Australian managed funds owning land and infrastructure assets in the US, as well as Australian entities such as banks that carry on business in the US.

And there are other measures that would expose US subsidiaries of Australian companies to US higher tax.

The bill would even remove the doctrine of sovereign immunity for the governments of “offending” countries. Sovereign immunity refers to a tax exemption on returns that usually applies to governments. This means the Australian government itself could have to pay tax to the US.

There are concerns on Wall Street this will dampen demand for US government bonds from foreign governments, which are big buyers of US Treasuries. The argument may sway some in the Senate – but how many remains to be seen.

A man walks past the outside of the OECD's headquarters in Paris, France.
The Trump administration now has the Paris-based OECD, shown here, in its sights. Francois Mori/AP

What Australia may need to do next

We may be incredulous that anyone would consider our tax system combative, but enacting the OECD pillar two was always known to be risky.

There are other, homegrown Australian tax measures that have drawn American ire.

In 2015, Australia enacted an income tax measure (commonly called the “Google tax”) specifically directed at US tech companies. In 2017, we followed this up with a diverted profits tax. Trump’s bill specifically targets both measures.

Tying ourselves to the OECD’s global minimum tax project might have seemed like a good idea in 2019. In 2025, it looks decidedly unappealing, and not just because of Trump.

First, there is not actually any serious revenue in pillar two for Australia. Treasury’s revenue estimate totalled only $360 million after four years, just slightly more than a rounding error in the federal budget.

Second, we are increasingly alone and vulnerable in this battle. It might feel emotionally satisfying to stand up to the US. If there was a sizeable coalition alongside us, there might be some point.

If Trump’s One Big Beautiful Bill act does pass through the US Senate, the Australian government and business will be left exposed to much higher costs.

Since abandoning the US market is not really an option, it might be time to surrender quietly and gracefully – by reversing, at the very least, the contentious bits of pillar two.

Authors: Graeme Cooper, Professor of Taxation Law, University of Sydney

Read more https://theconversation.com/australia-is-in-the-firing-line-of-trumps-looming-revenge-tax-its-a-fight-were-unlikely-to-win-257961

Business News

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

DIY Rodent Control Vs Professional Help: When Is It Time To Call The Experts?

Rodents are one of the most frustrating pest problems for Australian property owners. Rats and mic...

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...