THE OECD
has released key documents, approved by the Inclusive Framework on BEPS,
that will form the basis of the Mutual Agreement Procedure (MAP) peer review
and monitoring process under Action 14 of the BEPS Action Plan.
The Action Plan on Base Erosion and Profit Shifting identified 15 actions to
address BEPS in a comprehensive manner. Recognising that the actions to counter
BEPS must be complemented with actions that ensure certainty and predictability
for business, Action 14 calls for effective dispute resolution mechanisms to
resolve tax treaty-related disputes. The BEPS package endorsed by the G20 Finance
Ministers in October 2015 contains the report on Action 14 (Making Dispute
Resolution Mechanisms More Effective), which outlines the minimum standards
and best practices for resolving treaty-related disputes under the Mutual Agreement
Procedure (MAP).
The documents released today form the basis on which this process will be
moving forward. The compilation includes the Terms of Reference which translate
the minimum standard approved in the final Action 14 report into a basis for
peer review; the Assessment Methodology for the peer review and monitoring
process and the MAP statistics reporting framework which reflects the collaborative
approach competent authorities will take to resolve MAP cases and will ensure
greater transparency on statistical information relating to the inventory,
types and outcome of MAP cases through common reporting of MAP cases going
forward and Guidance on information and documentation to be submitted with
a MAP request.
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