The BEPS Monitoring Group

The UN Tax Committee's Work on Transfer Pricing

We have 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 OECD’s approach that focuses on transactions and functional analysis and is subjective and resource-intensive, creating problems for both taxpayers and revenue authorities, especially in developing countries.

BEPS Monitoring GroupSeptember 27, 2018Comment

The Taxation of Offshore Indirect Transfers

We have made a submission to the Platform for Collaboration on Tax’s consultation on the revised version of its proposed Toolkit on the taxation of sales of assets using offshore entities. 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.

BEPS Monitoring GroupSeptember 27, 2018 Comment

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.

BEPS Monitoring GroupSeptember 27, 2018Comment

Administrative Approaches to Avoiding and Resolving Transfer Pricing Disputes

The BMG has made a submission to the OECD public consultation on possible revisions to Chapter IV of the OECD Transfer Pricing Guidelines on Administrative Approaches to Avoiding and Resolving Transfer Pricing Disputes. It is available here.

BEPS Monitoring GroupJune 26, 2018Transfer Pricing, simplification, developing countriesComment

Special Considerations for Intra-Group Services

The BMG has submitted comments to the OECD on its public consultation on Revision of Chapter VII of the OECD Transfer Pricing Guidelines on Special Considerations for Intra-Group Services.

BEPS Monitoring GroupJune 26, 2018Comment

Submission to the UK Treasury consultation on a Royalties Withholding Tax

The BMG has made a submission to the UK Treasury consultation on a Royalties Withholding Tax.

Action 1BEPS Monitoring GroupFebruary 26, 2018multinational companies, tax avoidance schemes, tax evasion and avoidance, United Kingdom Comment

Corporate Tax and the Digital Economy

The BMG has made a submission to the UK Treasury consultation on Corporate Tax and the Digital Economy.

Action 1, Digital Economy, Unitary TaxationBEPS Monitoring GroupFebruary 23, 2018BMG, multinational companies, unitary taxation Comment

Tax Challenges of the Digital Economy

The BMG has made a new submission on Tax Challenges of the Digital Economy in response to the Request for Comments by the OECD in connection with the work of the Task Force on the Digital Economy, preparing a report for the G20.

Action 1, Unitary TaxationBEPS Monitoring GroupOctober 18, 2017BEPS, multinational companies, tax avoidance, unitary taxationComment

Offshore Indirect Transfers of Assets

The BMG has now submitted its comments on the discussion draft from the Platform for Collaboration on Tax for a Toolkit on Taxation of Offshore Indirect Transfers of assets.

Action 15, Action 6BEPS Monitoring GroupOctober 6, 2017BEPS, BMG, multinational companies, OECD request for comments, tax evasion and avoidanceComment

Monitoring measures to end base erosion and profit shifting by transnational corporations