Strategizing Multinational Tax Risks

The OECD has provided additional information re: the timeline and mechanism for providing the Country-by-Country (CbC) template.  A link to the document is included herein:

Click to access beps-action-13-guidance-implementation-tp-documentation-cbc-reporting.pdf

Summary of key points:

• Master file and local file should be implemented by, and filed directly with, the relevant jurisdiction
• Information to be provided for fiscal years beginning on or after 1/1/2016
• Information to be filed by ultimate parent by 31 Dec. 2017 in their jurisdiction of residence
• Exemption for MNE groups with annual consolidated revenues less than EUR 750M in immediately preceding year
• The countries participating in the OECD / G20 BEPS Project agree that they will not require filing of a CbC report based on the new template for fiscal years beginning prior to 1/1/2016
• Secondary reporting mechanism re: sharing of information between jurisdictions
• Monitoring mechanism coupled with a 2020 review
• The participating countries agree to:
  • Confidentiality provisions
  • Consistency (i.e. no additions or changes to template requirements)
  • Appropriate Use: No income allocation formula adjustments; CbC report adjustments are to be conceded by their Competent Authority

The guidelines are fairly short and concise, and it will be important to monitor laws in the parent jurisdiction for details of the respective filing process.  Additionally, it is even more important to watch countries that are NOT participating in the BEPS Project for different timelines, information and processes to be followed for customized CbC templates that would create additional complexity and global inconsistency.