The Compatibility of the UTPR with Fundamental Rights: A Critical Assessment

This article explores the compatibility of the Undertaxed Profits Rule (UTPR), introduced under the OECD’s Pillar Two framework and transposed in the EU through the Minimum Tax Directive, with the Charter of Fundamental Rights of the European Union (CFR). The analysis focuses on Articles 15, 16, 17, 20 and 21 of the CFR, inspired by the recent referral made by the Belgian Constitutional Court to the European Court of Justice. The analysis concludes that the UTPR does not violate these fundamental rights.