Transfer Pricing in Canada, the United States and around the World

Transfer Pricing  in Canada, the United States and around the World

BEPS Library

The library on Transfer Pricing in Canada is available here.

The library on Transfer Pricing in the United States is available here.

BEPS and Transfer Pricing: How it Started

The BEPS phenomenon, as it is nowadays labelled by the OECD, is not new at all.

In fact, the OECD was already talking about BEPS in 1986 with the releases of the Report on Thin Capitalisation and the Report on the Use of Base Companies.

After a pause, the OECD got back at it again in 1998 with the report titled Harmful Tax Competition: an Emerging Global Issue.

Both initiatives fizzled out…

In the mid 2000s, the OECD came back, once more, but this time with some “discussion drafts” with respect to “suggested changes” regarding the OECD Transfer Pricing Guidelines (details below).

The BEPS initiative, as we know it, stemmed from these early efforts.

Since 2009, the EU Joint Transfer Pricing Forum has also joined the fray and even reactived its common consolidated corporate tax base (CCCTB) initiative (details below).

Developing countries have also been included in the OECD works on BEPS since 2014 (details below).

Here is the complete and up to date library on the Transfer Pricing BEPS initiative led by the OECD.

BEPS Discussion Drafts (before it was knew as BEPS)

OECD consultation with Business Commentators on the Valuation of Intangibles for Transfer Pricing Purposes (March 21-23, 2011)

Transfer Pricing and Intangibles: Scope of the OECD Project (January 25, 2011)

OECD Consultation with Business Commentators on the Scoping of the OECD Project on the Transfer Pricing Aspects of Intangibles (November 9, 2010)

Response of the Committee on Fiscal Affairs to the Comments Received on the September 2009 Draft Revised Chapters I-III of the Transfer Pricing Guidelines (22 July 2010)

OECD Open Invitation to Comment on the Scoping of the OECD Future Project on the Transfer Pricing Aspects of Intangibles (July 2, 2010)

Proposed Revision of Chapters I-III of the Transfer Pricing Guidelines (9 September 2009 – 9 January 2010)

Transfer Pricing Aspects of Business Restructuring: Discussion Draft for Public Comment (19 September 2008 – 19 February 2009)

Transactional Profit Methods Discussion Draft for Public Comment (25 January 2008)

Comparability: Public Invitation to Comment on a Series of Draft Issues Notes (10 May 2006)

OECD Open Invitation to Comment on the Application of Transactional Profit Methods (February 28, 2006)

OECD 2nd Annual Centre for Tax Policy and Administration Roundtable: Business Restructuring (January 25-26, 2005)

Open Invitation to Comment on Comparability Issues (May 2003)

BEPS “White Papers”

OECD: Bringing International Tax Rules into the 21st century (May 6-7, 2014)

International efforts to combat tax avoidance got a boost today as OECD broadens dialogue with global partners (March 28, 2014)

OECD: Action Plan on Base Erosion and Profit Shifting (19 July 2013)

OECD: Addressing Base Erosion and Profit Shifting (12 February 2013)

BEPS Automatic Exchange of Information

OECD Automatic Exchange of Information

EU Automatic Exchange of Information

Common Reporting Standard by Jurisdiction

CRS Multilateral Competent Authority Agreement

Standard for Automatic Exchange of Financial Account Information in Tax Matters (March 27, 2017)

Standard for Automatic Exchange of Financial Account Information in Tax Matters: Implementation Handbook (the CRS Handbook) (August 7, 2015)

Update on Voluntary Disclosure Programmes: A Pathway to Tax Compliance (August 7, 2015)

Model Protocol to the Tax Information Exchange Agreements (TIEAs)  (August 7, 2015)

List of signatories of the Multilateral Competent Authority Agreement for the Common Reporting Standard (CRS MCAA)

Standard for Automatic Exchange of Financial Account Information in Tax Matters (July 21, 2014)

OECD Key Documents

OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations 2017 (July 10, 2017)

Draft contents of the 2017 update to the OECD Model Tax Convention (July 11, 2017)

OECD Model Tax Convention 2014 (full version) (October 30, 2015)

OECD Model Tax Convention on Income and on Capital: Condensed Version 2014 (August 20, 2014)

Country-by-Country Reporting XML Schema and User Guide (pdf here, September 20, 2017)

Exchange on Tax Rulings XML Schema and User Guide (pdf here, September 20, 2017)

Country-by-Country Reporting Status Message XML Schema and User Guide (pdf here, September 20, 2017)

Exchange on Tax Rulings Status Message XML Schema and User Guide (pdf here, September 20, 2017)

Common Reporting Standard Status Message XML Schema and User Guide (pdf here, September 20, 2017)

BEPS: Action by Action

BEPS Action 1: Address the tax challenges of the digital economy

Request for input on the Tax Challenges of the Digital Economy (September 22, 2017 – October 13, 2017)

OECD International VAT/GST Guidelines (November 5-6, 2015)

Action 1: Addressing the Tax Challenges of the Digital Economy (October 5, 2015)

OECD Discussion Drafts for Public Discussion. International VAT/GST Guidelines. Guidelines on Place of Taxation for Business-to-Consumer Supplies of Services and Intangibles. Provisions on Supporting the Guidelines in Practice (December 18, 2014 – February 20, 2015)

OECD: Addressing the Tax Challenges of the Digital Economy (September 16, 2014)

OECD International VAT/GST Guidelines (April 2014)

BEPS Action 2: Neutralise the effects of hybrid mismatch arrangements

BEPS Action 2: Neutralising the Effects of Branch Mismatch Arrangements (July 27, 2017)

OECD Discussion Draft. BEPS Action 2 Branch Mismatch Structures (August 22, 2016 –  September 19, 2016)

Action 2: Neutralising the Effects of Hybrid Mismatch Arrangements (October 5, 2015)

OECD: Neutralising the Effects of Hybrid Mismatch Arrangements (September 16, 2014)

BEPS Action 3: Strengthen CFC rules

Action 3: Designing Effective Controlled Foreign Company Rules (October 5, 2015)

OECD Public Discussion Draft. BEPS Action 3: Strengthening CFC Rules (April 3, 2015 – May 1, 2015)

BEPS Action 4: Limit base erosion via interest deductions and other financial payments

Action 4 : Updated Report on Limiting Base Erosion Involving Interest Deductions and Other Financial Payments (December 22, 2016)

BEPS Action 4 Elements of the Design and Operation of the Group Ratio Rule (11 July 2016 – 16 August 2016

Action 4: Limiting Base Erosion Involving Interest Deductions and Other Financial Payments (October 5, 2015)

OECD Public Discussion Draft. BEPS Action 4: Interest Deductions and Other Financial Payments (18 December 2014 – 6 February 2015)

BEPS Action 5: Counter harmful tax practices more effectively, taking into account transparency and substance

Peer Review Documents. BEPS Action 5 on Harmful Tax Practices: Transparency Framework (February 1st, 2017)

Exchange on Tax Rulings XML Schema: User Guide for Tax Administrations (July 2016)

Action 5: Countering Harmful Tax Practices More Effectively, Taking into Account Transparency and Substance (October 5, 2015)

OECD/G20 Base Erosion and Profit Shifting Project, BEPS Action 5: Agreement on Modified Nexus Approach for IP Regimes

Explanatory paper Agreement on Modified Nexus Approach for IP Regimes

OECD: Countering Harmful Tax Practices More Effectively, Taking into Account Transparency and Substance (September 16, 2014)

BEPS Action 6: Prevent treaty abuse

Peer Review Documents. BEPS Action 6 on Preventing the Granting of Treaty Benefits in Inappropriate Circumstances (May 29, 2017)

OECD Discussion draft. Treaty Entitlement of non-CIV Funds (March 24, 2016 –  April 22, 2016)

OECD Discussion Draft. Treaty Residence of Pension Funds (February 29 2016 –  April 1st, 2016)

Action 6: Preventing the Granting of Treaty Benefits in Inappropriate Circumstances (October 5, 2015)

OECD Revised Discussion Draft. BEPS ACTION 6: Prevent Treaty Abuse (22 May 2015 – 17 June 2015)

OECD: Preventing the Granting of Treaty Benefits in Inappropriate Circumstances (September 16, 2014)

OECD Public Discussion Draft. BEPS Action 6: Preventing the granting of treaty benefits in inappropriate circumstances (March 14, 2014 – April 9, 2014)

OECD Public Discussion Draft. Follow up work on BEPS Action 6: preventing treaty abuse (November 21, 2014 to January 9, 2015)

The Granting of Treaty Benefits with Respect to the Income of Collective Investment Vehicles (April 23, 2010)

Report of the Informal Consultative Group on the Taxation of Collective Investment Vehicles and Procedures for Tax Relief for Cross-Border Investors on the Granting of Treaty Benefits with Respect to the Income of Collective Investment Vehicles (January 12, 2009)

Report of the Informal Consultative Group on the Taxation of Collective Investment Vehicles and Procedures for Tax Relief for Cross-Border Investors on Possible Improvements to Procedures for Tax Relief for Cross-Border Investors (January 12, 2009)

BEPS Action 7: Prevent the artificial avoidance of PE status

Public Discussion Draft. BEPS action 7 Additional Guidance on the Attribution of Profits to Permanent Establishments (22 June 2017 – 15 September 2017)

Public Discussion Draft. BEPS action 7 Additional Guidance on the Attribution of Profits to Permanent Establishments (4 July 2016 – 5 September 2016)

Action 7: Preventing the Artificial Avoidance of Permanent Establishment Status (October 5, 2015)

OECD Revised Discussion Draft. BEPS ACTION 7: Preventing the Artificial Avoidance of PE Status (15 May 2015 – 12 June 2015)

OECD Public Discussion Draft. BEPS Action 7: Preventing the Artificial Avoidance of PE Status (31 October 2014 – 9 January 2015)

OECD Model Tax Convention: Revised Proposals Concerning the Interpretation and Application of Article 5 (Permanent Establishment) (19 October 2012 to 31 January 2013)

Interpretation and Application of Article 5 (Permanent Establishment) of the OECD Model Tax Convention (12 October 2011 to 10 February 2012)

OECD 2010 Report on the Attribution of Profits to Permanent Establishments (July 22, 2010)

Revised Discussion Draft on a new Article 7 (Business Profits) of the OECD Model Tax Convention (November 24, 2009)

OECD 2008 Report on the Attribution of Profits to Permanent Establishments (July 17, 2008)

Revised Discussion Draft on a new Article 7 (Business Profits) of the OECD Model Tax Convention (July 7, 2008)

Discussion draft released on Part IV (Insurance) of Report on Attribution of Profits to Permanent Establishments (revised) (August 22, 2007)

Discussion Draft on a Revised Commentary on Article 7 (Business Profits) of the OECD Model Tax Convention (April 10, 2007)

Invitation to comment on the discussion draft of Part IV (Insurance) of the Report on Attribution of Profits to Permanent Establishments (June 27, 2005)

Invitation to comment on the Discussion Draft of Part I (General) of the Report on the Attribution of Profits to Permanent Establishments (August 2, 2004)

Discussion Draft on the Attribution of Profits to Permanent Establishments (PEs): Part II (Banks) (March 4, 2003)

Discussion Draft on the Attribution of Profits to Permanent Establishments: Part III (Global Trading of Financial Instruments (March 4, 2003)

OECD Discussion draft on the Attribution of Profits to Permanent Establishments (Parts I and II) (February 8, 2001)

BEPS Actions 8, 9 and 10: Assure that transfer pricing outcomes are in line with value creation

OECD Public Discussion Draft. BEPS Action 10. Revised Guidance on Profit Splits (June 22, 2017 – September 15, 2017)

OECD Public Discussion Draft. BEPS Action 8 Implementation Guidance on Hard-to-Value Intangibles (23 May 2017 – 30 June 2017)

OECD Public Discussion Draft. BEPS Actions 8-10. Revised Guidance on Profit Splits (July 4, 2016 – September 5, 2016)

Actions 8-10: Guidance on Transfer Pricing Aspects of Intangibles (October 5, 2015)

OECD Public Discussion Draft. BEPS Action 8: Hard-to-Value-Intangibles (June 4, 2015 – June 18, 2015)

OECD Public Discussion Draft. BEPS Action 8: Revisions to Chapter VIII of the Transfer Pricing Guidelines on Cost Contribution Arrangements (CCAs) (29 April 2015 – 29 May 2015)

OECD Public Discussion Draft. BEPS Action 10: Discussion Draft on the Use of Profit Splits in the Context of Global Value Chains (December 16, 2014 – February 6, 2015)

OECD Public Discussion Draft. BEPS Action 10: Discussion Draft on the Transfer Pricing Aspects of Cross-Border Commodity Transactions (16 December 2014 – 6 February 2015)

OECD Public Discussion Draft. BEPS Actions 8, 9 and 10: Discussion Draft on Revisions to Chapter I of the Transfer Pricing Guidelines (Including Risk, Recharacterisation, and Special Measures) (December 19, 2014 – February 6, 2015)

OECD Public Discussion Draft. BEPS Action 10: Proposed Modifications to Chapter VII of the Transfer Pricing Guidelines Relating to Low Value-Adding Intra-Group Services (3 November 2014 – 14 January 2015)

OECD Guidance on Transfer Pricing Aspects of Intangibles (September 16, 2014)

OECD Public Consultation. Revised Discussion Draft on Transfer Pricing Aspects of Intangibles (July 30, 2013)

OECD Discussion Draft. Revision of the Special Considerations For Intangibles in Chapter VI of the OECD Transfer Pricing Guidelines and Related Provisions (6 June 2012 – 14 September 2012)

BEPS Action 11: Establish methodologies to collect and analyse data on BEPS and the actions to address it

Action 11: Measuring and Monitoring BEPS (October 5, 2015)

OECD Public Discussion Draft. BEPS Action 11: Improving the Analysis of BEPS (April 16, 2015 – May 8, 2015)

OECD Request for input. BEPS Action 11: Establish methodologies to collect and analyse data on BEPS and the actions to address it (4 August 2014 – 19 September 2014)

BEPS Action 12: Require taxpayers to disclose their aggressive tax planning arrangements

Action 12: Mandatory Disclosure Rules (October 5, 2015)

OECD Public Discussion Draft. BEPS Action 12: Mandatory Disclosure Rules (March 31, 2015 – April 30, 2015)

BEPS Action 13: Re-examine transfer pricing documentation

OECD’s Country-Specific Information on Country-by-Country Reporting Implementation

Action 13: (Updated) Guidance on the Implementation of Country-by-Country Reporting (September 6, 2017)

Guidance on the Appropriate Use of Information Contained in Country-by-Country Reports (September 6, 2017)

Action 13: (Updated) Guidance on the Implementation of Country-by-Country Reporting (July 18, 2017)

Signatories of the Multilateral Competent Authority Agreement on the Exchange of Country-by-Country Reports (CBC MCAA) and Signing Dates (June 22, 2017)

Action 13: (Updated) Guidance on the Implementation of Country-by-Country Reporting (April 6, 2017)

Peer Review Documents. BEPS Action 13 on Country-by-Country Reporting (February, 1st, 2017)

Country-by-Country Reporting XML Schema: User Guide for Tax Administrations and Taxpayers (March 22, 2016)

Action 13: Guidance on Transfer Pricing Documentation and Country-by-Country Reporting (October 5, 2015)

OECD BEPS Action 13: Country-by-Country Reporting Implementation Package (June 8, 2015)

OECD BEPS Action 13: Guidance on the Implementation of Transfer Pricing Documentation and Country-by-Country Reporting (February 6, 2015)

OECD Guidance on Transfer Pricing Documentation and Country-by-Country Reporting (September 16, 2014)

OECD Discussion draft on transfer pricing documentation and CbC reporting (January 30, 2014)

OECD Memorandum on transfer pricing documentation and country by country reporting (October 3, 2013)

OECD White paper on transfer pricing documentation  (July 30, 2013)

BEPS Action 14: Make dispute resolution mechanisms more effective

Peer Review Documents. BEPS Action 14 on More Effective Dispute Resolution Mechanisms (October 20, 2016)

Action 14: Making Dispute Resolution Mechanisms More Effective (October 5, 2015)

OECD Public Discussion Draft. BEPS Action 14: Make Dispute Resolution Mechanisms More Effective (18 December 2014 – 16 January 2015)

OECD Questionnaire. Improving Resolution for Cross-Border Tax Disputes (October 10, 2003)

BEPS Action 15: Develop a multilateral instrument

Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS (June 7, 2017)

Countries adopt multilateral convention to close tax treaty loopholes and improve functioning of international tax system (November 24, 2016)

OECD Public Discussion Draft. BEPS Action 15 Development of a Multilateral Instrument to Implement the Tax Treaty Related BEPS Measures (31 May 2016 – 30 June 2016)

Action 15: Developing a Multilateral Instrument to Modify Bilateral Tax Treaties (October 5, 2015)

OECD Roadmap for developing country participation in the new global standard for the automatic exchange of information between jurisdictions (September 22, 2014)

OECD: Developing a Multilateral Instrument to Modify Bilateral Tax Treaties  (September 16, 2014)

Open Invitation to Comment on the New Project on the Administrative Aspects of Transfer pricing (March 9, 2011)

OECD BEPS Webcasts

BEPS Webcast 8 / Power Point Presentation (October 5, 2015)

BEPS Webcast 7 / Power Point Presentation (June 8, 2015)

BEPS Webcast 6 / Power Point Presentation (February 12, 2015)

BEPS Webcast 5 / Power Point Presentation (December 15, 2014)

BEPS Webcast 4 / Power Point Presentation (September 16, 2014)

BEPS Webcast 3 / Power Point Presentation (May 26, 2014)

Webcast 2: Update on BEPS Project / Power Point Presentation (April 2, 2014)

Webcast 1: Update on 2014 Deliverables / Power Point Presentation (January 23, 2014)

The EU Joint Transfer Pricing Forum and BEPS

EU Taxation Papers

Study on Comparable data used for Transfer Pricing in the EU (December 2016)

EU Joint Transfer Pricing Forum. Report on the Use of Comparables in the EU (October 2016)

Study on the Application of Economic Valuation Techniques for Determining Transfer Prices of Cross Border Transactions between Members of Multinational Enterprise Groups in the EU (October 2016)

Transfer Pricing and the Arbitration Convention

Report on Improving the Functioning of the Arbitration Convention including a revised Code of Conduct for the effective implementation of the Arbitration Convention (March 12, 2015)

Report on Compensating Adjustments (January 2014) 

Report on Transfer Pricing Risk Management (June 2013)

Final Report on Secondary Adjustments (January 18, 2013)

Report on Cost Contribution Arrangements on Services not Creating Intangible Property (June 2012)

Guidelines on Low Value Adding Intra-Group Services and Potential Approaches to Non-EU Triangular Cases (January 25, 2011)

Report on Small and Medium Enterprises and Transfer Pricing (March 4, 2010)

Summary Report on Penalties (2009)

Code of Conduct on Transfer Pricing Documentation for Associated Enterprises in the EU (June 27, 2006)

Communication 2007/71 on the work of the JTPF in the field of dispute avoidance and resolution procedures including guidelines for APAs in the EU (February 26, 2007)

Dispute Avoidance and Resolution Procedures and Guidelines for APAs in the EU – COM(2007)71 (February 26, 2007)

Developing Countries and BEPS

Platform for Collaboration on Tax

OECD/IMF/UN/WBG Discussion Draft. A Toolkit for Addressing Difficulties in Accessing Comparables Data for Transfer Pricing Analyses (24 January 2017 – 21 February 2017

OECD/UN Second Workshop on “Tax Base Protection for Developing Countries” (September 23, 2014)

OECD Report on the Impact of Base Erosion and Profit Shifting in Low Income Countries (Part 2) (August 13, 2014)

OECD / G20 Development Working Group on the impact of BEPS in Low Income Countries (Part I) (July 2014)

OECD/UN Workshop on “Tax Base Protection for Developing Countries” (June 4, 2014)

OECD Public Consultation. Transfer Pricing Comparability Data and Developing Countries (March 11, 2014)