Working paper presented in the 11th WCSA Conference in September 11, 2023.
The increase of digital services and the borderless it means in an interconnected world cause great concern to most jurisdictions. The lack of a unified consensus even with the negotiations brought by OECD resulted in unilateral measures of protection of tax bases around the world. The example of France, implemented in 2020, inspired jurisdictions as Canada, for example, on elaborating a new tax policy targeting digital services, as social media, social networks, search engines, and intermediaries. Assuming that both tax policies, the French and the Canadian, are comparable given that both face by the juridical order the same socio-economic problem, through a similar instrument, this work intends to compare French policy model of taxation of digital services with the Canadian proposal. Based on the comparative law method proposed by Carlos Ferreira de Almeida, the analytic phase, will determine the relevant elements of each institute, and will be followed by the integrative and comparative synthesis. The integrative phase of the comparison will consider the legislative instrument of French tax policy (Loi n. 2019-759 du 24 juillet 2019) and the Canadian tax policy proposal (Draft Digital Services Tax Act). Finally, the comparative synthesis will expose similarities and differences of both tax policies.
