Sunday , October 12, 2025 |   04:54:49 IST
INTL TAXATION INTL MISC TP FDI LIBRARY VISA BIPA NRI
About Us Contact Us Newsletters
 
NEWS FLASH
 
I-T - Condonation of delay should not be used as anticipated benefit for government departments and unless department has reasonable and acceptable genuine reason for delay with bona fide efforts: ITAT (See Breaking News) I-T - Merely having Indian address is not sufficient to demonstrate business connection through which activities have been carried on in India and which has led to earning of income: ITAT (See Breaking News) TP - CUP method can be applied in respect of such transactions only, where products of similar nature have been sold to unrelated parties, within same month & same country: ITAT (See Breaking News) TP - If NIC Codes, functional filter, and profit margin of two companies are different, then they cannot be taken as comparables for purpose of calculating ALP: ITAT (See Breaking News) I-T - Receipts earned by way of subscription towards provision of software-based information security solutions are business profits, not chargeable to tax in India in absence of PE: ITAT (See Breaking News) TP - Captive service provider rendering services on cost-plus basis to its AE, can be compared to multi dimensional entity having huge brand value: ITAT (See Breaking News) TP - Existence of 'arrangement' is condition precedent to trigger Sec 80IA(10) and in its absence, business transacted between eligible units and its AE are not covered within Specified Domestic Transactions u/s 92BA: ITAT (See Breaking News) TP - Mere assertion of adoption of 'other method' under Rule 10AB is not sufficient for valid transfer pricing adjustment: ITAT (See Breaking News) I-T-Re-assessment not tenable where based on incomplete assessment of submitted documents & where no evidence is submitted to prove inadequate creditworthiness or that transaction was not genuine: ITAT (See Breaking News) TP - Deduction is available for reversal of provision of doubtful debts which was created and offered to tax during earlier assessment years: ITAT (See Breaking News) DTAA - Health & Education Cess cannot be levied on tax determined under DTAA, as tax rate under DTAA is fixed & cannot be further increased by Cess or surcharge: ITAT (See Breaking News) I-T- If provision for doubtful debts was reduced by corresponding amount from gross trade receivables on asset side, same will amount to write off which is not hit by clause (i) of the Explanation (I) to Sec 115JB: ITAT (See Breaking News) TP - If loss of electricity Board is affected by extraordinary circumstances which are not in existence in close distribution environment, then standard loss prevailing in industry shall be taken as benchmark: ITAT (See Breaking News) I-T - DDT is paid by domestic company resident in India, and it is tax on its income and not tax paid on behalf of shareholder, hence domestic company u/s 115O does not enter domain of DTAA at all: ITAT (See Breaking News) International tax beyond Donald Trump (See TII Edit)
 
SIGN IN
 
Username
Password
Forgot Password
 
   
Home >> FROM TII ARCHIVE
 
    
FROM TII ARCHIVE
BEPS's Verifiable Impact on Global Economy difficult to Capture
By Naresh Minocha
Jul 08, 2019

Naresh Minocha, a veteran journalist, specializes in governance, polity, macro-economic issues, telecom, energy, chemicals and agriculture. He has been working as Consulting Editor with taxindiaonline.com since 2004. He writes and speaks with authority on any issue he picks up. In-depth research is his passion. In his over 37-years journalistic career, he has worked in different capacities for both Indian and foreign media organizations. He continues to enjoy endless, learning journey that he started during his university days in the seventies. He believes his quest to be a ‘Know-All' is boundless.

"OUR action has had a very concrete impact. First, you and other countries in the world have recovered taxes which had been defrauded for too long," says a report from Organisation for Economic Co-operation and Development's (OECD) Secretary General (SG), Angel Gurría.

The report on OECD/G20's Base Erosion and Profit Shifting (BEPS) & related projects, submitted last month to The G20 Finance Ministers and Central Bank Governors, adds: "The very high profile of our work against tax fraud and tax avoidance has brought tax matters to the boardrooms and is having a massive impact".

Have BEPS & related projects indeed delivered dazzling results? OECD, the projects proponent, would like the world to believe so.

G20 has, however, avoided endorsing success story as detailed out by SG's report. International Monetary Fund (IMF) has also avoided optimism over BEPS outcome. It is here pertinent to cite IMF's G-20 Surveillance Note issued last month.

As put by the Note, "There is an urgent need for a cooperative multilateral approach to reform the current system of international corporate taxation to address tax competition and reign in prevalent profit shifting by multinationals".

SG Report's claim about shifts in financial flows should have shored up transparent bank deposits in certain countries, leading to more lending, investments & taxation.

The Report's claim regarding additional tax revenue should have translated into enhanced tax revenue of benefiting countries. There should have been some disclosures by respective Governments on BEPS-linked financial benefits reaped by them. Data on these parameters should be gathered to evaluate thoroughly the impact of OECD projects.

The ultimate test of BEPS & allied projects is the transformation of additional revenue into global economic growth. It should have accelerated noticeably by now.

The growth situation, on the contrary, continues to be a cause for worry. Have certain factors such as growing protectionism offset the benefits flowing from OECD projects?

"Global growth in 2019 has been downgraded to 2.6 per cent, 0.3 percentage point below previous forecasts, reflecting weaker-than-expected international trade and investment at the start of the year", says the World Bank's 'Global Economic Prospects Heightened Tensions, Subdued Investment' report released in first week of June.

The key successes mentioned by OECD SG's report are:

1) Bank secrecy for tax purposes no longer exists. All financial centres are now engaged in the automatic exchange of financial information through OECD's Common Reporting Standard (CRS).

As a result, 47 million offshore accounts - with a total value of around 4.9 Trillion Euros - have been exchanged for the first time. This level of transparency in tax matters is unprecedented. It ensures that those assets will never escape detection.

2) About 34% decline, aggregating to USD 551 billion, in bank deposits at international financial centres (IFCs) over the past ten years. A large part of that decline is due to the onset of the automatic exchange of information by tax administrations.

The Report says: "Our action has had a very concrete impact. First, you and other countries in the world have recovered taxes which had been defrauded for too long".

3) Voluntary disclosure of concealed assets and income by taxpayers has so resulted in additional revenue (as tax, interest, penalties) of EUR 97 billion. SG's report believes this amount would stabilize and countries will annually collect taxes on the income generated by the disclosed assets.

4) 21,000 previously secret tax rulings have now been exchanged. This implies that companies can no longer negotiate secret, sweetheart deals which would deprive other countries of their revenues.

5) Over 250 Preferential tax regimes have been reviewed since 2015. Harmful ones, that allowed multinational corporations (MNCs) to avoid taxes on global operations, have been either been amended or abolished.

As put by the Report, "Around the world, harmful regimes can no longer be used by countries to attract the tax base from other countries by targeting non-residents and foreign income only".

6) The OECD/UNDP 'Tax Inspectors Without Borders project' has been a major success story, helping developing countries raise USD 470 million in additional tax revenue since its launch in 2015.

That BEPS & allied projects have had limited impact on economy is implicit in OECD-IMF's '2019 Progress Report on Tax Certainty'. This Report notes that BEPS has made "significant progress in bringing more substance, coherence and transparency to the international tax system, but most of the fundamentals of the international corporate tax system remained unchanged".

OECD success story has thus not found an echo in G20 Summit Declaration issued on 29th June. The Declaration merely notes: "We reaffirm the importance of the worldwide implementation of the G20/OECD Base Erosion and Profit Shifting (BEPS) package and enhanced tax certainty".

It continues: "We welcome the recent progress on addressing the tax challenges arising from digitalization and endorse the ambitious work program that consists of a two-pillar approach, developed by the Inclusive Framework on BEPS. We will redouble our efforts for a consensus-based solution with a final report by 2020".

G20 Finance Ministers and Central Bank Governors, have, however, shared OECD's exuberance with muted tone.

In a communiqué issued after their two-day meeting held during first fortnight of June, they reaffirmed the importance of the worldwide implementation of the BEPS package and enhanced tax certainty.

As put by communiqué, "We welcome the recent achievements on tax transparency, including the progress on automatic exchange of financial account information for tax purposes".

It says: "We also welcome an updated list of jurisdictions that have not satisfactorily implemented the internationally agreed tax transparency standards. We look forward to a further update by the OECD of the list that takes into account all of the strengthened criteria. Defensive measures will be considered against listed jurisdictions"

They urged all jurisdictions to sign and ratify the multilateral Convention on Mutual Administrative Assistance in Tax Matters.

Even IMF's top brass is guarded in its comments. Acknowledging progress in BEPS Project, IMF Deputy Managing Director Mitsuhiro Furusawa says: "the international tax system remains uneven" due to two reasons.

Addressing a tax conference on 25th April 2019, Mr Furusawa observed: "First, profit shifting is still a problem. Limitations of the arm's-length principle - and reliance on notions of physical presence of the taxpayer to establish a legal basis to impose income tax - have allowed apparently profitable firms to pay little tax".

He cited unresolved tax competition as second and equally important reason. He stated: "Views differ as to whether tax competition may be appropriate in certain contexts. But for low-income and developing countries, we see all too clearly the damage that tax competition can do to much-needed revenues".

Similarly, European Parliament has drawn attention to certain limitations of BEPS project. In a resolution on 'financial crimes, tax evasion and tax avoidance' dated 26th March 2019, it noted that the degree of willingness and commitment to cooperate on the BEPS 15-point action plan varies among countries and the particular actions concerned. BEPS project did not factor in the implications of corporate rate tax cuts.

European Parliament has thus called for global summit to launch a second set of international tax reforms as a follow-up to BEPS and to set up an intergovernmental tax body.

Asian Development Bank (ADB), prefers wait and watch mode. It agrees that global tax transparency is likely to decrease the risk of tax evasion on ADB projects.

In a report titled 'Policy Implementation Review: the Role of the Asian Development Bank in Relation to Tax Integrity' issued during December 2018, ADB notes: "It remains to be seen how countries will implement anti-BEPS measures and how these will impact ADB's loans and equity investments. The tax IDD (integrity due diligence) guidelines are sufficiently flexible to respond to such global developments across complex, non-repetitive transaction structures".

All said & done, measuring verifiable impact of BEPS & allied projects is complex job. And this has been admitted by three senior experts from OECD's Centre for Tax Policy and Administration in their joint paper published in United Nations Conference on Trade and Development's (UNCTAD's) Transnational Corporation during September 2018.

The Paper says: "any attempt to produce an empirical estimate of the global revenue impacts of BEPS faces a range of significant challenges. On the one hand, any empirical approach is constrained by the fact that currently available data sources suffer from various shortcomings".

The Paper notes that a large number of assumptions are necessary, depending on the types of data used in the econometric analysis. On the other hand, a number of analytical issues remain. Two key issues are: Disentangling BEPS from real economic activity and identifying tax rate variable that is "best suited to capturing the incentives to engage in BEPS".

 
 
INTL TAXATION INTL MISC TP FDI LIBRARY VISA BIPA NRI TII
  • DTAA
  • Circulars (I-T Act, 1922)
  • Limited Treaties
  • Other Treaties
  • TIEAs
  • Notifications
  • Circulars
  • Relevant Sections of I-T Rules,1962
  • Instructions
  • Administrative Orders
  • DRP Panel
  • I-T Act, 1961
  • MLI
  • Relevant Portion of I-T Act,1922
  • GAAR
  • MAP
  • OECD Conventions
  • Draft Guidelines
  • DTC Bill
  • Committee Reports
  • FATCA
  • Intl-Taxation
  • Finance Acts
  • Manual on EoI
  • UN Model Taxation
  • Miscellaneous
  • Cost Inflation Index
  • Union Budget
  • Information Security Guidelines
  • APA Annual Report
  • APA Rules
  • Miscellaneous
  • Relevant Sections of Act
  • Instructions
  • Circulars
  • Notifications
  • Draft Notifications
  • Forms
  • TP Rules
  • APA FAQ
  • UN Manual on TP
  • Safe Harbour Rules
  • US Transfer Pricing
  • FEMA Act
  • Exchange Manual
  • Fema Notifications
  • Master Circulars
  • Press Notes
  • Rules
  • FDI Circulars
  • RBI Circulars
  • Reports
  • FDI Approved
  • RBI Other Notifications
  • FIPB Review
  • FEO Act
  • INTELLECTUAL PROPERTY
  • CBR Act
  • NBFC Report
  • Black Money Act
  • PMLA Instruction
  • PMLA Bill
  • FM Budget Speeches
  • Multimodal Transportation
  • Vienna Convention
  • EXIM Bank LoC
  • Manufacturing Policy
  • FTDR Act, 1992
  • White Paper on Black Money
  • Posting Policy
  • PMLA Cases
  • Transfer of Property
  • MCA Circular
  • Limitation Act
  • Type of Visa
  • SSAs
  • EPFO
  • Acts
  • FAQs
  • Rules
  • Guidelines
  • Tourist Visa
  • Notifications
  • Arbitration
  • Model Text
  • Agreements
  • Relevant Portion of I-T Act
  • I-T Rules, 1962
  • Circulars
  • MISC
  • Notification
  • About Us
  • Contact Us
  •  
     
    A Taxindiaonline Website. Copyright © 2010-2025 | Privacy Policy | Taxindiainternational.com Pvt. Ltd. OPC All rights reserved.