The timing for implementation of country-by-country (CbC) reporting for non-US jurisdictions is of significant importance to US multinationals, due to the wording of the Proposed Regulations (23 Dec 2015 post).
The Proposed Regulations would require CbC reporting by US MNE’s starting in 2017, thereby not having such requirement in 2016. If there are no changes in the Final Regulations, US MNE’s will be required to submit CBC reports in many jurisdictions around the world. Some countries, such as Mexico, that aim to provide additional reporting items beyond the OECD model would present additional complications for a US MNE. Contemporaneous deadlines will also have to be met, that are prior to the US deadline.
Additionally, if an election provision is adopted in the Final Regulations, this may not solve the dilemma, as many countries are drafting legislation providing that if the parent jurisdiction does not require CbC reporting, then a separate CbC report has to be filed in their local jurisdiction. A literal reading of such language would result in a required domestic filing, as an election is not a “per se” requirement.
Similar complications will arise in countries that do not adopt CbC reporting for the tax year 2016.
Monitoring of the timing implications for CbC reporting should be a high priority to be addressed currently, with timelines established for the preparation of back-up reporting plans around the world.