BEPS

De vaste commissie voor financiën van de Tweede Kamer heeft verslag uitgebracht van haar bevindingen met betrekking tot het Wetsvoorstel ter goedkeuring van het op 24 november 2016 te Parijs tot stand gekomen Multilateraal Verdrag ter implementatie van aan belastingverdragen gerelateerde maatregelen ter voorkoming van grondslaguitholling en winstverschuiving (Trb. 2017, 86, en Trb. 2017, 194) (Vergaderjaar 2017-2018, 34 853 (R2096), nr. 5) (hierna: het goedkeuringswetsvoorstel). De Engelstalige benaming voor dit ...

Ministers and high-level officials from Barbados, Côte d’Ivoire, Jamaica, Malaysia, Panama and Tunisia have signed on 24 January 2018 the BEPS Multilateral Convention bringing the total number of signatories to 78, according to an announcement dated 24 January 2018 on the website of the OECD. This Convention updates the existing network of bilateral tax treaties and reduces opportunities for tax avoidance by multinational enterprises. For more information, click here to ...

In het CFN van 22 december 2017, nr. 2017/50, maakten wij melding van het toetreden door Curaçao tot het Multilateraal Verdrag ter implementatie van aan belastingverdragen gerelateerde maatregelen ter voorkoming van grondslaguitholling en winstverschuiving (Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting) (Parijs, 24 november 2016, Trb. 2017, 86; Trb. 2017, 194) (hierna: het Multilateraal Verdrag). Bij de ondertekening van het Multilateraal Verdrag ...

Yesterday, a further important step was taken to implement Country-by-Country (CbC) Reporting in accordance with the BEPS Action 13 minimum standard, through activations of automatic exchange relationships under the Multilateral Competent Authority Agreement on the Exchange of CbC Reports ("the CbC MCAA"), according to an announcement dated 21 December 2017 on the website of the OECD. For more information, click here to go to the announcement dated 21 December 2017 referred to ...

The latest edition of the OECD Model Tax Convention has been released on 18 December 2017, incorporating significant changes developed under the OECD/G20 project to address base erosion and profit (BEPS), according to an announcement dated 18 December 2017 on the website of the OECD. The OECD Model Tax Convention, a model for countries concluding bilateral tax conventions,  plays a crucial role in removing tax related barriers to cross border trade and ...

Op 19 december 2017 heeft de staatssecretaris van Financiën het wetsvoorstel ter goedkeuring van het op 24 november 2016 te Parijs tot stand gekomen Multilateraal Verdrag ter implementatie van aan belastingverdragen gerelateerde maatregelen ter voorkoming van grondslaguitholling en winstverschuiving (Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting) (Trb. 2017, 86, en Trb. 2017, 194) (Vergaderjaar 2017-2018, 34 853 (R2096)) aangeboden aan de Tweede ...

In a press release of 21 December 2017, the OECD has announced that on 20 December 2017 Curaçao has joined the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (hereafter: the multilateral convention), following a communication from the Kingdom of the Netherlands to the OECD. A provisional list of reservations and notifications for Curaçao has been provided and a definitive version will be deposited with the ...

De Nederlandse vertaling van het Multilateraal Verdrag ter implementatie van aan belastingverdragen gerelateerde maatregelen ter voorkoming van grondslaguitholling en winstverschuiving (Parijs, 24 november 2016) (Trb. 2017, 86) (hierna: het Verdrag) is op 13 december 2017 uitgegeven in het Tractatenblad van het Koninkrijk der Nederlanden, jaargang 2017, nr. 194 (Trb. 2017, 194). De Engelse tekst van het Verdrag (Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and ...

As part of continuing efforts to improve tax transparency and the international tax framework, the OECD has released the first analysis of individual countries' progress in spontaneously exchanging information on tax rulings in accordance with Action 5 of the BEPS package of measures released in October 2015, according to an announcement dated 4 December 2017 on the website of the OECD. The first annual report on the exchange of information on rulings ...

On the website of the OECD, the international state of play can be discovered with an interactive map presenting key indicators and outcomes of the OECD work on international tax matters (in particular regarding transparency and co-operation in tax matters through the Global Forum on Transparency and Exchange of Information for Tax Purposes and most recently the Inclusive Framework on BEPS), with close to 150 countries and jurisdictions. Refer to the ...

On the website of the OECD, the international state of play can be discovered with an interactive map presenting key indicators and outcomes of the OECD work on international tax matters (in particular regarding transparency and co-operation in tax matters through the Global Forum on Transparency and Exchange of Information for Tax Purposes and most recently the Inclusive Framework on BEPS), with close to 150 countries and jurisdictions. Refer to the ...

On the website of the OECD, the international state of play can be discovered with an interactive map presenting key indicators and outcomes of the OECD work on international tax matters (in particular regarding transparency and co-operation in tax matters through the Global Forum on Transparency and Exchange of Information for Tax Purposes and most recently the Inclusive Framework on BEPS), with close to 150 countries and jurisdictions. Refer to the ...

On the website of the OECD, the international state of play can be discovered with an interactive map presenting key indicators and outcomes of the OECD work on international tax matters (in particular regarding transparency and co-operation in tax matters through the Global Forum on Transparency and Exchange of Information for Tax Purposes and most recently the Inclusive Framework on BEPS), with close to 150 countries and jurisdictions. Refer to the ...

In an announcement dated 5 December 2017 on its website, the OECD notes that over the last 50 years, the OECD led the way on tax issues and has been at the forefront of promoting transparency and co-operation in tax matters through the Global Forum on Transparency and Exchange of Information for Tax Purposes  and most recently the Inclusive Framework on BEPS. Both the Global Forum and the Inclusive Framework on ...

The Inclusive Framework on BEPS has released additional guidance to give certainty to tax administrations and MNE Groups alike on the implementation of Country-by-Country (CbC) Reporting (BEPS Action 13), according to an announcement dated 30 November 2017 on the website of the OECD. The additional guidance addresses a number of specific issues: how to report amounts taken from financial statements prepared using fair value accounting; how to treat a negative figure for ...

Improving the effectiveness and timeliness of dispute resolution mechanisms is the aim of Action 14 of the BEPS Action Plan (read the final report on Action 14 of the BEPS Action Plan) and is also part of the continuous efforts to enhance tax certainty. One of the elements of the Action 14 minimum standard requires jurisdictions to seek to resolve mutual agreement procedure ("MAP") cases within an average timeframe of ...

The OECD has published updated versions of transfer pricing country profiles (TPCP), reflecting the current transfer pricing legislation and practices of 31 participating countries. The country profiles contain up-to-date and harmonised information on key aspects of transfer pricing legislation, provided by countries themselves. For more information, click here to go to the announcement referred to above dated 6 November 2017 on the website of the OECD. CFN-artikelnr. 20171110-9 BRONDOCUMENT BRON: www.oecd.org Land/gebiedsdeel: ...

On 24 October 2017, the OECD released new implementation guidance to promote the effective collection of consumption taxes on cross-border sales. This guidance will support the consistent implementation of internationally agreed standards for the VAT treatment of cross-border trade and is of particular relevance given the rapid and ongoing digitalisation of the economy. The new guidance - Mechanisms for the Effective Collection of VAT/GST Where the Supplier Is Not Located ...

On 22 June 2017, interested parties were invited by the OECD to provide comments on two discussion drafts. The first discussion draft on Attribution of Profits to Permanent Establishments, which deals with work in relation to Action 7 ("Preventing the Artificial Avoidance of Permanent Establishment Status") of the BEPS Action Plan; and a second one on Revised Guidance on Profit Splits, which deals with work in relation to Actions 8-10 ("Assure ...

The Forum on Tax Administration (FTA) is the leading international body concerned with tax administration. The FTA, which brings together Tax Commissioners from 50 advanced and emerging tax administrations (including OECD and G20 countries), held its Plenary meeting in Oslo on 27-29 September. In an item dated of 29 September 2017, the OECD brings forward the key themes as discussed during the Plenary.  At the close of said meeting a communiqué was released which ...

On 11 July 2017, the OECD released the draft contents of the 2017 Update to the OECD Model Tax Convention. Interested parties were invited to provide comments with respect to parts of the 2017 Update to the OECD Model Tax Convention that had not previously been released for comments. See also CFN dated 14-07-2017, nr. 2017/25. The OECD has published the public comments received. It is expected that the contents of the ...

On 27 July 2017 the OECD released a report Neutralising the tax effects of branch mismatch arrangements (BEPS Action 2).  This report sets out recommendations for domestic rules that put an end to the use of hybrid entities to generate multiple deductions for a single expense or deductions without corresponding taxation of the same payment. For more information, click here. CFN-artikelnr. 20170728-8 BRONDOCUMENT BRON: www.oecd.org Land/gebiedsdeel: OECD Betreft: OECD, branch ...

  On 11 July 2017 the OECD Committee on Fiscal Affairs released the draft contents of the 2017 update to the OECD Model Tax Convention prepared by the Committee's Working Party 1. The update has not yet been approved by the Committee on Fiscal Affairs or by the OECD Council. Comments are requested at this time only with respect to certain parts of the 2017 update that have not previously been released for comments ...

  On 10 July 2017 the OECD released the 2017 edition of the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations. The OECD Transfer Pricing Guidelines provide guidance on the application of the “arm’s length principle”, which represents the international consensus on the valuation, for income tax purposes, of cross-border transactions between associated enterprises. The 2017 edition of the Transfer Pricing Guidelines mainly reflects a consolidation of the ...

  On 5 July 2017 the OECD published the public comments received on a discussion draft that provides guidance on the implementation of the approach to pricing transfers of hard-to-value intangibles described in Chapter VI of the Transfer Pricing Guidelines. On 23 May 2017, interested parties were invited to provide comments on said discussion draft. CFN reported on said invitation in its edition of 26 May 2017, nr. 2017/17. CFN-artikelnr. 20170707-8 BRONDOCUMENT ...

  Over 200 delegates from 83 countries and jurisdictions as well as 12 international and regional organisations met in Noordwijk, The Netherlands for the Third Meeting of the Inclusive Framework on Base Erosion and Profit Shifting (BEPS), according to an announcement on the website of the OECD on 22 June 2017. The meeting , inter alia, discussed and approved its first monitoring report, which will be submitted to G20 Leaders for ...

  On 22 June 2017 the OECD has released the following discussion drafts: - Attribution of Profits to Permanent Establishments, which deals with work in relation to Action 7 ("Preventing the Artificial Avoidance of Permanent Establishment Status") of the BEPS Action Plan; - Revised Guidance on Profit Splits, which deals with work in relation to Actions 8-10 ("Assure that transfer pricing outcomes are in line with value creation") of the ...

  On 7 June 2017 Ministers and high-level officials from 76 countries and jurisdictions have signed or formally expressed their intention to sign an innovative multilateral convention that will swiftly implement a series of tax treaty measures to update the existing network of bilateral tax treaties and reduce opportunities for tax avoidance by multinational enterprises. The new convention will also strengthen provisions to resolve treaty disputes, including through mandatory binding arbitration, thereby ...

  On 29 May 2017 the OECD released the key document “BEPS Action 6 on Preventing the Granting of Treaty Benefits in Inappropriate Circumstances, May 2017”, approved by the Inclusive Framework on BEPS, which will form the basis of the peer review of the Action 6 minimum standard on preventing the granting of treaty benefits in inappropriate circumstances. For more information on this document, click here. CFN-artikelnr. 20170602-5 BRONDOCUMENT BRON: www.oecd.org ...

  On 23 May 2017 the OECD released a discussion draft on the implementation guidance on hard-to-value intangibles described in Chapter VI of the Transfer Pricing Guidelines and invites public comments. For more information, click here. CFN-artikelnr. 20170526-9 BRON: www.oecd.org Land/gebiedsdeel: OECD Betreft: Internationaal belastingrecht, implementation guidance, discussion draft, hard-to-value-intangibles, transfer pricing, TP, Transfer Pricing Guidelines, BEPS, Base Erosion and Profit Shifting, BEPS Action 8 Regeling: OECD discussion draft dated ...