OECD Publishes Final BEPS Package
Final package includes new minimum standards on country-by-country reporting; treaty shopping; curbing harmful tax practices; and effective mutual agreement procedures

On 5 October 2015 the OECD released the final Base Erosion and Profit Shifting (BEPS) reports covering the 15 actions of the BEPS action plan of July 2013. The aim of the BEPS action plan is to realign taxation with economic activities and value creation and to create a single set of international tax rules to address BEPS issues.

The final package of BEPS measures includes new minimum standards on country-by-country reporting, which should give tax administrators a global picture of the operations of multinational enterprises; treaty shopping, to attempt to put an end to the use of conduit companies to channel investments; curbing harmful tax practices, in particular in the area of IP and through automatic exchange of tax rulings; and effective mutual agreement procedures.

Please click here for a link to each of the 13 reports that have been released. They are as follows:

Action 1: Addressing the Tax Challenges of the Digital Economy

Action 2: Neutralizing the Effects of Hybrid Mismatch Arrangements

Action 3: Designing Effective Controlled Foreign Company Rules

Action 4: Limiting Base Erosion Involving Interest Deductions and Other Financial Payments

Action 5: Countering Harmful Tax Practices More Effectively, Taking into Account Transparency and Substance

Action 6: Preventing the Granting of Treaty Benefits in Inappropriate Circumstances

Action 7: Preventing the Artificial Avoidance of Permanent Establishment Status

Actions 8-10: Guidance on Transfer Pricing Aspects of Intangibles

Action 11: Measuring and Monitoring BEPS

Action 12: Mandatory Disclosure Rules

Action 13: Guidance on Transfer Pricing Documentation and Country-by-Country Reporting

Action 14: Making Dispute Resolution Mechanisms More Effective

Action 15: Developing a Multilateral Instrument to Modify Bilateral Tax Treaties

Implementation of the reports will be through a combination of amendments to double tax treaties and/or domestic legislation. The OECD and G20 have agreed to cooperate in areas that require further work in 2016 and 2017.

Contributed by Ted McGrath.

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Martin Phelan Tax Partner with William Fry Tax Advisors Ltd

Sonya Manzor Partner

Ted McGrath Tax Partner with William Fry Tax Advisors Ltd

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