On February 21, 2025, the United States White House published a Presidential Action titled "Defending American Companies and Innovators From Overseas Extortion and Unfair Fines and Penalties".
Key Points
- The Office of the U.S. Trade Representatives (USTR) will review the previous section 301 investigation of the Digital Sales Tax (DST) of France, Austria, Italy, Spain, Turkey, and the United Kingdom, initiated during the first Trump administration in 2019 and 2020.
- The USTR and the Secretary of the Treasury will review Canada's DST and will decide if they will pursue a panel under the CUSMA agreement.
- The USTR, the Department of Commerce and the Department of Treasury will work together to identify countries that have "any tax measure in place that otherwise undermines the global competitiveness of United States companies",
- By April 1, 2025, the USTR will provide a report as required for the America First Trade Policy Memorandum (announced on January 20, 2025). Included in that report will be "tools the United States can use to secure among trading partners a permanent moratorium on customs duties on electronic transmissions".
More on Canada's Digital Services Tax, which came into force on June 28, 2024, can be found here: https://www.canada.ca/en/services/taxes/excise-taxes-duties-and-levies/digital-services-tax.html