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How will GILTI taxation affect your company’s global tax strategy? What steps can you take to reduce GILTI’s financial impact? Explore key strategies for optimizing intangible asset management, redesigning profit-shifting approaches, and leveraging Foreign Tax Credits to minimize the financial burden of GILTI and maintain your company’s competitive edge. A significant reform in U.S. tax law has been introducing GILTI (Global Intangible Low-Taxed Income) consolidated taxation in recent years. This tax system is designed to prevent U.S. multinational companies from shifting profits to low-tax countries to avoid tax burdens, with a particular focus on profits derived from intangible assets. As Japanese companies expand overseas, understanding and responding to GILTI taxation’s eƯects is crucial to maintaining their competitive edge. This article will provide a detailed explanation of the GILTI consolidated taxation system, its background, and the optimal tax strategies Japanese companies should adopt from a practical perspective.  Overview and Background of GILTI Consolidated TaxationGILTI consolidated taxation was introduced as part of the U.S. tax reform law, the “Tax Cuts and Jobs Act (TCJA)” of 2017, and it taxes profits derived from intangible assets owned by foreign subsidiaries of U.S. companies. This system is particularly focused on strengthening regulations against the transfer of profits to low-tax countries using intangible assets. The primary objective of GILTI is to prevent the excessive taxation of profits related to intangible assets in low-tax countries and to impose a uniform tax rate on profits earned by U.S. companies abroad. This aims to limit tax avoidance through profit shifting, secure U.S. tax revenues, and ensure fairness in international taxation. GILTI was introduced as a countermeasure to address the situation where profits derived from intangible assets were concentrated in low-tax countries, creating an unfair tax burden. The Mechanism of GILTI TaxationGILTI taxation applies to profits derived from intangible assets owned by U.S. companies’ foreign subsidiaries, and it is structured as follows: 1. Tested IncomeThe most important element in calculating GILTI taxation is “Tested Income.” This refers to the after-tax profit of a foreign subsidiary after deducting expenses and allowances from its total income. This income includes profits derived from intangible assets, but taxation applies only to profits related to intangible assets. The income included in Tested Income is limited to profits from intangible assets (e.g., patents, trademarks, brands).  2. Qualified Business Asset Investment (QBAI)QBAI refers to the profits based on tangible assets owned by a foreign subsidiary. In GILTI calculations, profits based on QBAI (5%) can be deducted from Tested Income. As a result, profits from tangible assets are excluded from GILTI taxation, and only profits related to intangible assets are taxed.  3. Tax Rate and Foreign Tax Credit (FTC)The tax rate for GILTI is not the U.S. corporate tax rate of 21%, but rather a lower rate of 13.125%. This rate reflects the deductions based on QBAI. Additionally, U.S. companies can utilize the Foreign Tax Credit (FTC) to oƯset taxes paid by their foreign subsidiaries, reducing the tax burden in the U.S. This helps avoid double taxation; however, the FTC has limits, and not all foreign taxes can be fully credited, so careful planning is necessary. Impact of GILTI Taxation on Japanese CompaniesThe introduction of GILTI consolidated taxation has significant implications for Japanese companies. Particularly for companies that rely on intangible assets or operate in low-tax countries, there will be a need to reassess their previous tax strategies. Traditionally, Japanese companies have transferred profits to low-tax countries and utilized tax incentives in those countries to reduce tax burdens. However, with the introduction of GILTI taxation, additional taxes will be levied on profits derived from intangible assets in the U.S., making previous strategies less effective. As a result, companies will need to reevaluate how they manage intangible assets, allocate profits, and develop new strategies accordingly. For companies operating in low-tax jurisdictions, the impact of GILTI taxation is even more severe. Companies operating in places like Ireland, Singapore, and the Cayman Islands will face limitations on the tax incentives they have enjoyed, and taxation on profits from intangible assets will be reinforced, leading to higher tax burdens and less flexibility in profit shifting. For companies that rely heavily on intangible assets to generate profits, GILTI taxation represents a new cost that could undermine their competitive advantage. Furthermore, GILTI taxation also aƯects U.S. companies, as they will face additional taxes on intangible asset-related profits earned abroad, potentially enhancing their competitive position while Japanese companies may lose their competitive advantage due to higher tax burdens. Ultimately, Japanese companies may find it beneficial to leverage the Foreign Tax Credit to reduce the impact of GILTI taxation. By using FTCs, they can avoid double taxation, but since there are limits to these credits, they cannot fully oƯset all foreign taxes. Therefore, companies must strategically use this credit to minimize their tax burdens. Optimal Tax Strategies for Japanese CompaniesTo respond to GILTI taxation, it is crucial for Japanese companies to adopt the following advanced strategies: 1. Optimal Management and Allocation of Intangible AssetsSince profits related to intangible assets are subject to GILTI taxation, it is essential to reassess how intangible assets are managed. Companies should carefully design how to allocate intangible assets and where profits should be generated to minimize the impact of GILTI. 2. Redesigning Profit Shifting Strategies to Low-Tax JurisdictionsProfit-shifting strategies to low-tax countries are significantly constrained by GILTI taxation. Companies need to redesign these strategies and introduce new approaches to optimize their tax burden. This includes reevaluating the location of intangible assets and shifting profits to tax-favorable countries. 3. Optimization of Foreign Tax CreditsTo make the most of Foreign Tax Credits, companies need to carefully calculate how taxes paid in various countries can be applied to U.S. taxes, optimizing the use of FTCs. It is essential to analyze where taxes should be paid and when to claim the credits, considering the limitations on these credits. 4. Expert Tax AdviceTo minimize the impact of GILTI taxation, it is essential to consult with tax professionals who can provide detailed advice. Companies should collaborate with tax specialists and consultants with the necessary expertise and experience to adapt to tax reforms and develop optimal strategies.