Recent developments on the international scene and the news that 2025 could bring regarding Pillar 1 Amount B

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement


Recent developments on the international scene and the news that 2025 could bring regarding Pillar 1 Amount B

Sponsored by

Cuatrecasas 4c.jpg

At the beginning of 2024, the OECD published the Final Report on Pillar One - Amount B (“Final Report“), outlining guidelines for implementing Amount B

Written by

Ana Helena Farinha

Tiago Martins de Oliveira

João Filipe Rodrigues

At the beginning of 2024, the OECD published the Final Report on Pillar One - Amount B (“Final Report“), outlining guidelines for implementing Amount B. These guidelines required further refinement, culminating in a supplementary document released in June 2024. This iterative process underscores the OECD’s ongoing efforts to operationalize Pillar One, a cornerstone of its strategy to address tax challenges arising from the digitalization of the global economy.

Pillar One encompasses a framework designed to redefine taxation rights between jurisdictions, establish profit reallocation, and identify which jurisdictions are entitled to tax these profits. This pillar includes three main components: 

  • Amount A: Allocates a portion of residual profits to market jurisdictions or places of consumption.

  • Amount B: Provides a simplified methodology for determining appropriate remuneration for routine marketing and wholesale distribution activities.

  • Legal certainty mechanisms: Implements measures to prevent and resolve tax disputes.

Amount B excludes retail activities, commodity distribution, services (digital or otherwise), and intangible assets, as specified in the Final Report). The system is based on the net operating margin method and uses a return-on-sales (ROS) indicator, subject to possible adjustments based on the transaction’s characteristics.

Flexibility in Applying Amount B 

Unlike Pillar 2, Amount B is not mandatory in all its aspects. The Final Report outlines two application options:

  • Voluntary adherence: Taxpayers may opt for the simplified model, accessible without size thresholds.

  • Administrative application: Tax authorities may enforce the system even if a taxpayer has not opted in.

The use of the comparable uncontrolled price (CUP) method is also allowed if reliable internal comparables exist, though such cases are to be expected to be rare. Despite its simplification, Amount B’s divergence form the arm’s length principle has raised questions about its acceptance and practical implementation.

Adoption at National and International Levels

In Portugal, the Tax Authority has yet to comment on Amount B. However, while direct application seems unlikely in the near term, Portugal may accept its use to prevent double taxation in line with international consensus.

Conversely, other countries, such as the United States (US), the Netherlands and Germany, have taken more proactive stances. Notably, the US Internal Revenue Service (IRS) and the Treasury Department issued Notice 2025-04 Application of the Simplified and Streamlined Approach under Section 482, which announces the intention to regulate the approach to Amount B and establishes the following measures: 

  • Amount B will apply to tax periods starting on or after January 1, 2025, covering domestic and international transactions involving US counterparties.

  • Taxpayers may opt for the simplified model if they meet formality, with the administrative application also possible, pending the outcome of a public consultation (open until March 7, 2025).

  • The CUP method may override Amount B where reliable application is demonstrated.

  • Specific criteria are defined for applying Amount B metrics in US.

While these US measures constitute a significant step toward facilitating the adoption of Amount B worldwide, we should consider that the recent change in the US government could alter the scope or implementation of these rules, and this will require close monitoring in the coming months. 

Support Tools and International Adaptation

To facilitate adoption, the OECD has developed an automated pricing tool (Pricing Automation Tool for the Simplified and Streamlined Approach). This Excel-based tool calculates the ROS based on industry type and asset intensity, helping taxpayers apply Amount B in practice (it can be accessed here).

Conclusion

Amount B is progressively becoming an international standard. However, its application varies by jurisdiction, with adaptations that reflect the specificities of each tax system. Therefore, for each transaction type and its destination, assessing the position adopted by other jurisdictions will be important, as well as the position Portugal ends up adopting, to ensure adequate compliance and minimize double taxation risks.

more across site & shared bottom lb ros

More from across our site

Awards
Leading firms and individuals gathered in Dubai to celebrate standout legal, dealmaking and tax work across the region
Tax authorities want more revenue, have better tools to find it and are increasingly willing to fight for it
Audifina, the sixth-largest firm of its kind in Lithuania, will bring a 90-strong team with offices in Vilnius and Kaunas to RSM’s international platform
As global capability centres use AI to deliver services, MNEs face a fresh wave of PE and TP exposure that their existing playbooks weren't built for
The deal for Comtax hands Ryan immediate scale in Brazil, with a near-70-strong team serving clients from São Paulo
The arrivals of Julio Castro and Adam Blakemore mean the firm has added six tax partners to its global practice since the start of 2025
Tax authorities have gained unprecedented transparency through CbCR, but a new study suggests they may not be looking in the right places
The future chief tax officer will be judged not only on compliance, but on their ability to harness data, technology and AI to support strategic decision-making
More than 200 tier promotions reshaped this year's European rankings as several international firms strengthened their positions in key tax markets
Ryosuke Takemura, OECD policy adviser, countered that the organisation’s role is ‘not to solve these issues one by one’ but to prevent tax disputes in general
Gift this article