IMF Revenue Mobilizations and Development Conference: Session on Business Taxation. Alan Carter (ITD) Washington DC, April 18, 2011

Similar documents
UN-ATAF Workshop on Transfer Pricing Administrative Aspects and Recent Developments Ezulwini, Swaziland 4-8 December 2017

G8/G20 TAXATION ISSUES : Tax Training Day, ODI, London 16 September 2013

AFRICAN TAX ADMINISTRATION FORUM (ATAF)

Presentation to Portfolio Committee on Trade and Industry 22 April 2015 Transfer Pricing in South Africa

Workshop on Practical Issues in Protecting the Tax Base of Developing Countries. Addis Ababa, 7-10 November 2017 BACKGROUND NOTE

E/C.18/2016/CRP.2 Attachment 9

OECD issues Action Plan on Base Erosion and Profit Shifting (BEPS)

BASE EROSION AND PROFIT SHIFTING

OECD s Forum on Tax Administration agrees on BEPS implementation, digital and capacity building

Base erosion & profit shifting (BEPS) 25 May 2016

Asian Voices on BEPS and the challenges of regional Asia-Pacific co-operation in tax matters

Ensuring a sound tax base in developing countries: Are the current international initiatives sufficient? Dr. Nara Monkam: ATAF Director Research

IBFD Course Programme International Tax Planning after BEPS and the MLI

OECD Update. OECD Tax Agenda Overview

India releases Annual Report covering transfer pricing and international tax developments

What is Transfer Pricing and Why is it Important?

Chapter -1. An Introduction to Transfer Pricing

USCIB Taxation Committee

Study on Transfer Pricing and Developing countries

Presentation by Shigeto HIKI

Income Tax Workshop Base eroding payments Tax certainty and BEPS... 29

Mobilizing Domestic Resources for Development & International cooperation

Study on Transfer Pricing and Developing countries

Study on Transfer Pricing and Developing countries

EMERGING ISSUES IN INTERNATIONAL TAXATION CHALLENGES AND WAY FORWARD PATIENCE T. RUBAGUMYA COMMISSIONER LEGAL SERVICES AND BOARD AFFAIRS

International Tax Primer. Third Edition. Brian J. Arnold

Korean Tax Update BEPS Implementation

Ref: PSA/WP/DO(2012)32 06 February Dear Alex,

Principles of International Tax Planning

Base Erosion and Profit Shifting Project and Developing Economies

The OECD report on base erosion and profit shifting (BEPS) and EU measures against aggressive tax planning and tax fraud

International tax challenges for Asia and the G20: Competition and coordination. Professor Miranda Stewart

Transfer Pricing Country Summary Ghana

BEPS Action 14: Make Dispute Resolution Mechanisms More Effective

Headline Verdana Bold International Tax matters ICPAU Tax Seminar, Hotel Africana November, 2017

Country-by-Country Reporting: Data Access & Usage. TDM Part

ROMANIA. minimum of 25% of the number/value of shares or voting rights in the two entities.

Domestic Fiscal System and International

Tax footprint report 2017

WHY TRANSFER PRICING? OR How Did We Get Here From There?

Building an enhanced relationship between taxpayers and the Revenue Agency on transfer pricing matters. Ostia, 15 March 2013.

Tackling Aggressive Tax Planning in the European Union - Recent Developments

5. Ireland is Countering Aggressive Tax Planning

Protecting the Tax Base of Developing Countries: An Overview

Strategies for Transfer Pricing

OECD releases Germany peer review report on implementation of Action 14 Minimum Standards

Chapter 2. Business Framework

IMF-ADB Seminar on Medium Term Revenue Strategy: ISORA and ADB s Comparative Series on Tax Administration

Overview of OECD Action Plan on Base Erosion and Profit Shifting (BEPS)

Comments on Public Consultation Document Addressing the Tax Challenges of the Digitalisation of the Economy

Financing for Development Conference The Addis Tax Initiative Declaration

EUROPEAN COMMISSION PRESENTS ANTI-TAX AVOIDANCE PACKAGE

OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations

TRANSNATIONAL TAX NETWORK 2015 HONG KONG CONFERENCE. Hong Kong 9 February David Russell QC Outer Temple Chambers London and Dubai

Implementing OECD/G20 BEPS Package in Developing Countries

EU JOINT TRANSFER PRICING FORUM

Session Report: US Model Treaty 2015 Proposals

The Addis Ababa Action Agenda of the Third. United Nations Capacity Development Programme on International Tax Cooperation

KPMG FLASH NEWS. BEPS - OECD Releases reports on 7 out of 15 action points. Background. 17 September KPMG in INDIA

BEPS, SPILLOVERS, ETC.: CURRENT ISSUES IN INTERNATIONAL CORPORATE TAXATION

IBFD Course Programme BEPS Country Implementation

WORKING PAPER. Brussels, 03 February 2017 WK 1119/2017 REV 1 LIMITE FISC ECOFIN

Transfer Pricing Country Summary Belgium

15/09/2017. Conseil des barreaux européens Council of Bars and Law Societies of Europe

The Work of the UN Tax Committee

OECD, UN, IMF and World Bank issue toolkit for addressing difficulties in accessing comparable data for transfer pricing analysis

Effects of Transfer Pricing in developing countries: Cases in Africa

Changing the OECD Model Tax Convention

SOUTH AFRICA GLOBAL GUIDE TO M&A TAX: 2017 EDITION

THE FUTURE OF TAX PLANNING: TRANSPARENCY AND SUBSTANCE FOR ALL? Friday, 26 February AM PM Conrad Hotel, Hong Kong

WORKING PAPER. Financial Counsellors - ECOFIN preparation Presidency Issues Note on 'Tax Certainty in a Changing Environment'

LIVE WEBCAST UPDATE ON BEPS PROJECT. 26 May :00pm 2:00pm (CEST)

ANNEX EVENT DESCRIPTIONS AND PROGRAMME FOR GLOBAL RELATIONS / Centre for Tax Policy and Administration / 2009 ANNUAL REPORT

IFA MUNICH. Strategic Approaches to Global Transfer Pricing Risk: the use of tax treaties through APA and MAP. 18 January 2018

The OECD s 3 Major Tax Initiatives

Tax Administrations and International Cooperation

Public consultation on the Re-launch of the Common Consolidated Corporate Tax Base (CCCTB)

Strengthening Domestic Revenue Mobilisation and Fighting Tax Avoidance

OECD meets with business on base erosion and profit shifting action plan

AMENDMENTS EN United in diversity EN. European Parliament 2016/0011(CNS) Draft report Hugues Bayet (PE578.

Tax Seminar: Transfer Pricing A Customs Perspective. Peter Caxton Kinuthia Director, Tax Services KPMG Kenya. 30 April 2015

European Commission publishes Anti Tax Avoidance Package

Trends I Netherlands moves away from fiscal offshore industry

7148/16 HG/NT/kp,vm DGG 2B

BASE EROSION AND PROFIT SHIFTING ISSUES : THAILAND

COMMENTARY ON THE ARTICLES OF THE ATAF MODEL TAX AGREEMENT FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO

The OECD BEPS Project and Developing Countries

Residual Profit Allocation Proposal

Expanding the Tax Base in Kenya: A Case for Innovation

BASE EROSION PROFIT SHARING INITIATIVE THE IMPLICATIONS FOR THE BAHAMAS

IV Tax Administration in the Era of Globalization

NON-DISCRIMINATION IN BILATERAL TAX CONVENTIONS

Double Taxation. Conventions / Agreements. 25 May 2005

THE UN TRANSFER PRICING WORK

OECD releases France peer review report on implementation of Action 14 Minimum Standards

Transfer Pricing Principles By Wilfred Alambo KPMG Advisory Services Limited

PCT WBG IMF OECD. The Platform for Collaboration on Tax (PCT) The Platform for Collaboration on Tax (PCT) Workplan: PCT 14 Actions

OECD releases final BEPS package

Subject: ICC s perspectives on the taxation of technical services

LUCERNE CONFERENCE COMMUNIQUÉ

Transcription:

IMF Revenue Mobilizations and Development Conference: Session on Business Taxation Alan Carter (ITD) Washington DC, April 18, 2011

International Business Tax Issues - Why are international tax issues important? -Countries tax systems interconnected via treaty networks (directly and indirectly) -Issues around who sets international tax norms and role of developing countries in developing these. -Avoiding unintended consequences on investment.

Transfer pricing and the arm s length principle - Multinational enterprises (MNEs) consisting of groups of associated companies or branches often conduct transactions with each other - Transfer pricing : prices in place for such transactions within MNEs -Problems associated with transfer pricing: if MNEs conduct their intra-group transactions at prices that distort the allocation of income / expenses among associated enterprises (compared to normal market forces) not in accordance with the arm s length principle - Arm s length principle : conditions of commercial and financial transactions between associated enterprises should not differ from the conditions that would be made between independent enterprises - Objectives: protecting countries against erosion of their tax base MNEs: certainty of treatment, reducing risk of double taxation

Treaties in international tax avoidance and evasion - International standards on the arm s length principle: OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations ( TP Guidelines ) UN Model Tax Conventions - Also adopted by almost all countries in their Double Tax Conventions - Supported by regional bodies and expert groups such as: EU Joint Transfer Pricing Forum Inter-American Centre of Tax Administrations (CIAT) African Tax Administration Forum (ATAF) Study Group on Asian Tax Administration and Research (SGATAR) Alternative approaches in discussion, e.g. global formulary apportionment

Role of treaties and transfer pricing regulations - It is important to note: Transfer pricing regulations and their implementations directly affect the business environment in which cross-border trade and investment take place ; A principled application of transfer pricing rules is in the mutual interest of business and countries; Transfer pricing rules do not stand in the place of more general anti-avoidance rules, nor can they address issues of tax evasion of fraud; Most countries back up their transfer pricing rules with other anti-abuse laws; The effectiveness of transfer pricing rules in a country cannot be considered in isolation from other aspects of a country s tax administration, and standards of governance.

Practical difficulties in implementation - Many developing countries report difficulties in effectively implementing transfer pricing rules: In building tax administration expertise and experience in transfer pricing in order to carry out effective audits; With applying rules that require taxpayer and tax administration discretion in application; In obtaining information needed from taxpayers in order to select cases for audit or carry out an effective audit; In obtaining public information on arm s length conditions (e.g. price and profit margins)

Initiatives to address these challenges - There is very large demand from developing countries to adopt transfer pricing rules. - Primary requirements relate to: Domestic legislation (tax profit of MNEs operating in the country to be computed on arm s length terms) Administrative structures Supporting provisions (e.g. documentation requirements) - Treaty network also important in the context of transfer pricing: Provides access to exchange of information Provides for mechanism for avoiding double taxation and gives business comfort that internationally accepted approach will be applied

Task Force on Transfer Pricing - The Task Force is committed to improving the transfer pricing capability of developing countries: International panel of transfer pricing experts; Development of a transfer pricing diagnostic tool; Enhanced cooperation between IOs: focus on close and intensive work with a number of key countries; Development of guidance tailored to developing countries needs.

Concentration of tax avoidance/evasion - Crisis-related losses in the financial sector are a source of risk Report on Addressing Tax Risks Involving Bank Losses (September 2010) - Large business and High net worth individuals pose particular challenges to tax administrations Compliance Management of Large Business Task Group Study into the Role of Tax Intermediaries (2008) - Need for increased transparency and disclosure on the taxpayers side Tackling Aggressive Tax Planning through Improved Transparency and Disclosure (January 2010) - There is an increased focus on tax avoidance overall not related to specific industries. - Key issues: Importance of timely, targeted and comprehensive information Need to reach balance between good compliance and certainty

Current Challenges - Variety of challenges, technical and institutional: - How to deal with growth in importance of intangible assets which can be located anywhere? - Dispute settlement amongst RAs businesses cannot themselves mediate such differences. - How to meet huge growth in demand for TA on international tax issues and relative priorities with domestic tax issues? - International institutional tax architecture and roles of IMF,WB,OECD,UN, ITD, regional development banks, regional tax organisations and other groupings (e.g. G20, FTA, Task Force on Tax and Development )