Submission to Government of India on the Significant Economic Presence Test

We have made a submission, available here, to the consultation by the Indian Government on the definition of a new tax threshold based on significant economic presence. We support this initiative, as revisions are sorely needed to rules now a century old, and we endorse the criteria chosen in India, which rest mainly on transactions producing revenue from India, as well as systematic and continuous solicitation of business or engagement with users in India.

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Submission to the Subcommittee on Article 9 (Transfer Pricing) of the UN Tax Committee

The BEPS Monitoring Group has made a submission to the Subcommittee on Article 9 (Transfer Pricing) of the UN Committee of Tax Experts, available here. We suggest that it should focus on article 9 and develop alternatives to the approach focusing on transactions and functional analysis which is subjective and resource-intensive, creating problems for both taxpayers and revenue authorities, especially in developing countries.

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BEPS Monitoring GroupComment
The Taxation of Offshore Indirect Transfers

The BEPS Monitoring Group has made a submission to the Platform for Collaboration on Tax’s consultation on the revised version of its proposed Toolkit on this subject. Our submission, available here, restates and reinforces the argument that the Toolkit should not be tied to the archaic legalistic distinction between immovable and movable assets, but should include the transfer of a business as a going concern, treated as transferring location-specific assets.

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BEPS Monitoring GroupComment
Transfer Pricing Aspects of Financial Transactions

The BEPS Monitoring Group has made a submission to the OECD consultation on the Transfer Pricing Aspects of Financial Transactions. It is available here, and suggests that the draft should have more urgency given the key role that financial structures play in tax avoidance by MNEs, as pointed out in the BEPS Action 4 report. Regrettably, the recommendations in that report would still allow excessive deductions for most MNEs in most industry sectors, so that strong transfer pricing rules will remain important, and we argue for simplified methods that would be both effective and easy to apply.

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BEPS Monitoring GroupComment