JOINT AUDIT AND OTHER TOOLS IN THE INTERNATIONAL COOPERATION SCENARIO ILARIA PETRACCA, VALERIA IBELLO REVENUE AGENCY OF ITALY.

Similar documents
Global Tax Alert. Italy launches pilot project for tax Co-operative Compliance Program, applications required by 31 July 2013.

Tax Certainty EBF TAX CONFERENCE Brussels, 22 November Giorgia Maffini. OECD s Centre for Tax Policy and Administration

OECD launches International Compliance Assurance Programme pilot

Comments on the United Nations Practical Manual on Transfer Pricing Countries for Developing Countries

Luxembourg transfer pricing legislation at a glance

EBIT

Transfer Pricing Country Summary Italy

Transfer Pricing Country Summary Austria

Transfer Pricing Country Summary Belgium

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

EU JOINT TRANSFER PRICING FORUM

IBFD Course Programme International Tax Planning after BEPS and the MLI

REVIEW OF LINKS WITH BUSINESS EXECUTIVE SUMMARY

Transfer Pricing Country Summary Portugal

A rapidly changing tax landscape Recent Asian tax developments

International Transfer Pricing

The OECD s 3 Major Tax Initiatives

International Dispute Resolution: Global Perspectives and Opportunities GW-IRS Annual Tax Institute Washington, DC November 30, 2017

IMF and OECD deliver report addressing Tax Certainty, including practical recommendations for countries

BEPS Action 14: Making dispute resolution mechanisms more effective

Transfer Pricing Country Summary Switzerland

New Corporate Income Tax Regulation

MULTILATERAL STRATEGIC PLAN ON MUTUAL AGREEMENT PROCEDURES: A VISION FOR CONTINUOUS MAP IMPROVEMENT. Preamble

LIVE WEBCAST UPDATE ON BEPS PROJECT 2015 DELIVERABLES AND BEYOND. 8 June :00pm 6:00pm (CET)

International Compliance Assurance Programme. Pilot Handbook. Working Document

Tax footprint report 2017

Italy s 2018 Finance Bill includes important provisions on the digital economy, cross-border taxation

1. Codifies transfer pricing rules, relief and provides for advance pricing arrangement (APA) regime to cater for unilateral,

Annual International Bar Association Conference Sydney, Australia. Recent Developments in International Taxation. Republic of Cyprus

Bilateral Advance Pricing Agreement Guidelines

BEING A GOOD BUSINESS - OUR APPROACH TO TAX

On October , the OECD released its final report on

German Ministry of Finance publishes draft bill to implement countryby-country. other measures against base erosion and profit shifting

International Tax Germany Highlights 2018

Egypt implements new transfer pricing guidelines

A Guide To Changes In Irish Tax Rules

Presentation by Shigeto HIKI

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

Fair taxation of the digital economy

INCEPTION IMPACT ASSESSMENT. A. Context, Subsidiarity Check and Objectives

Are you taking Russian tax risks? Time to test your Russia-related business. Check your tax risks factors and assess your risks

Denmark. WTS Global Country TP Guide Last Update: December Legal Basis. 2. Master File (MF) Yes

a) Title of proposal Proposal for a Council Directive amending Council Regulation (EU) 2016/1164 as regards hybrid mismatches with third countries

Embedding Macroregional Strategies in the Regulatory Framework post Position paper

Base erosion & profit shifting (BEPS) 25 May 2016

IRS Large Business & International Division Issues Transfer Pricing Guidance

Belgium. WTS Global Country TP Guide Last Update: December Legal Basis. 2. Master File (MF) Yes

Australian Parliament passes Bill for MAAL, CbC reporting and increased penalties with wider ATO public reporting

Tax Compliance Management in Europe. Survey October 2017

AmCham EU s position on the Commission Anti-Tax Avoidance Package

TAX EVASION AND AVOIDANCE: Questions and Answers

Administrative measures

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

The Anti Tax Avoidance Package Questions and Answers (Updated)

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

Permanent establishments. Recent trends and developments

Italy issues important clarifications on (merger) leveraged buyout transactions

The Anti Tax Avoidance Package Questions and Answers

Global Transfer Pricing Review

1. What are recent tax developments in your country which are relevant for M&A deals?

IBFD Course Programme BEPS Country Implementation

Navigating BEPS: Keeping track of the tax changes for internationally mobile employees

Current TP Litigation Scenario Alternative Resolution Mechanisms MAP & APA August 2010

TRANSFER PRICING & THE NEW WORLD OF COUNTRY-BY- COUNTRY REPORTING

Guidance for Tax Administrations on the Application of the Approach to Hard-to-Value Intangibles INCLUSIVE FRAMEWORK ON BEPS: ACTION 8

The UAE has joined the Inclusive Framework on BEPS

Recent Developments of the Russian Tax System

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

1. What are recent tax developments in your country which are relevant for M&A deals? CFC

Italian Finance Law 2018: Focus on the New Tax on Digital Transactions ( Web Tax ) and on the New Features of the Italian Permanent Establishment

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

MICRO FOCUS INTERNATIONAL PLC and its subsidiaries TAX STRATEGY

Exchange of information on Tax Rulings

ARGENTINA GLOBAL GUIDE TO M&A TAX: 2017 EDITION

PUBLIC CONSULTATION PAPER. Problems that arise in the direct tax field when venture capital is invested across borders

OECD releases final BEPS package

Proposal for a COUNCIL DIRECTIVE

Transfer Pricing Country Summary Italy

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

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

ITALY GLOBAL GUIDE TO M&A TAX: 2017 EDITION

WORKING PAPER. Brussels, 15 February 2019 WK 2235/2019 INIT LIMITE ECOFIN FISC

International Tax Slovakia Highlights 2019

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL. Building a fair, competitive and stable corporate tax system for the EU

IBFD Course Programme Current Issues in International Tax Planning

POLAND GLOBAL GUIDE TO M&A TAX: 2017 EDITION

China s move to improve its international taxation policies by virtue of G20 tax reform

Transfer Pricing Country Summary Turkey

Summary Report Responses to the public consultation on the special scheme for small enterprises under the VAT Directive

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

Grid Investments from a Nordic Perspective

Slovenia Dispute Resolution Profile. (Last updated: 01 May 2018) General Information

Photo credits: Cover Rawpixel.com - Shutterstock.com

Foundation for International Taxation Jubilee Conference

Revised Guidance on the Application of the Transactional Profit Split Method INCLUSIVE FRAMEWORK ON BEPS: ACTIONS 10

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

IBFD Course Programme Transfer Pricing: Compliance and Audit Management in Southeast Asia

Hot topics Treasury seminar

SPECIAL REPORT BEPS FILING REQUIREMENTS FOR MULTINATIONALS UNDER COUNTRY-BY-COUNTRY REPORTING

TRANSPARENCY AND EXCHANGE OF INFORMATION SOME NUMBERS

Transcription:

JOINT AUDIT AND OTHER TOOLS IN THE INTERNATIONAL COOPERATION SCENARIO ILARIA PETRACCA, VALERIA IBELLO REVENUE AGENCY OF ITALY November

JOINT AUDIT AND OTHER TOOLS IN THE INTERNATIONAL COOPERATION SCENARIO Italy held the Joint Audit International Conference in Rome to debate new ways to increase tax compliance By Ilaria Petracca and Valeria Ibello Ilaria Petracca Senior Official International Division Revenue Agency of Italy +39 0650545732 Ilaria.petracca@agenziaentrate.it Valeria Ibello Communications Specialist Communication Department Revenue Agency of Italy +39 0650545916 valeriaibello@agenziaentrate.it 2 JOINT AUDIT AND OTHER TOOLS IN THE INTERNATIONAL COOPERATION SCENARIO

Reinforcing administrative action by means of stronger international tax cooperation, and improving the relationship between tax administrations and taxpayers are two of the main goals of worldwide fiscal authorities. Within the framework of OECD and European Union guidelines, Italy is more and more engaged in implementing projects aiming at stimulating growth and investments in the country by establishing a renewed relation with taxpayers based on trust, transparency and cooperation. In this context, actions focused on reducing tax uncertainty and decreasing international disputes, play a strategic role. Shifting from ex-post to ex-ante or real-time tax controls is one of the common features of these activities. The Joint Audit International Conference was held on the 19th October at the Italian Revenue Agency headquarter in Rome. It was an important occasion to discuss some innovative control and compliance tools, such as Joint Audit, Cooperative Compliance and ICAP. The conference also provided opportunity to present the research project conducted by Universities of Bologna and Heidelberg on Joint Audit. In particular, the Conference was organised in the framework of the cooperation between the Italian Revenue Agency and the Bavarian Ministry of Finance, that are realising together cross-border audits on groups operating in the two territories. Representatives of tax administrations, international organisations, academia and business had a fruitful debate about these strategic tools, analysed from various perspectives. Ernesto Maria Ruffini, Director General of Italian Revenue Agency, and Fabrizia Lapecorella, Director General of Finance Department (Ministry of Economy and Finance) opened the Conference. International speakers, such as Ekkehart Reimer from Heidelberg University, Achim Pross from OECD, Tom Neale, representing European Commission and Francesca Mariotti from Confindustria took part in the event. Representatives of some foreign tax administrations also attended the Conference, such as Thomas Eisgruber and Eva Oertel from Bavarian Ministry of Finance, Egil Martinsen from Norwegian Tax Administration and Hans Rijsbergen from Dutch Tax Administration. Raffaele Russo, Senior Advisor to the Minister of Economy and Finance, moderated the panel discussions. 3 JOINT AUDIT AND OTHER TOOLS IN THE INTERNATIONAL COOPERATION SCENARIO

The discussions in the Conference focused on the following: Joint Audit Joint Audit is an innovative form of reinforced administrative cooperation, consisting of a tax audit jointly conducted by two or more tax administrations on groups of companies, operating in various countries. This form of cooperation falls within OECD framework which describes Joint Audit as a coordinated action between two or more countries forming a single audit team to examine transactions of one or more related taxable persons (both legal entities and individuals) with cross-border business activities. Countries involved in Joint Audit procedure have a common or complementary interest and the audit team includes representatives of competent authorities from each country. Joint Audit could focus on critical areas of direct taxation, such as transfer pricing, permanent establishments or other BEPS related issues. It is aimed to reach important goals, namely: enhancing the administrative cooperation by sharing and developing best practices and easing administrative burdens for taxpayers due to simultaneous action by tax administrations. Moreover, these types of controls are reducing incidences of double taxation and leading to a decreased number of international disputes, thus reducing the number of MAP procedures or making the MAP related process faster. A precondition for conducting a Joint Audit is the definition of the legal framework: - Article 26 of the OECD Model Tax Conventions on simultaneous examination and tax examination abroad; - Article 9 of the Convention on Mutual Administrative Assistance in Tax Matters; - EU Directive 2011/16 with reference to the active presence of foreign officers and simultaneous controls can be identified as the most suitable legal bases. According to this legal framework and to recommendations provided by OECD and the European Commission, the Joint Audit is generally carried out on the basis of an agreement signed between the competent authorities of the states involved. 4 JOINT AUDIT AND OTHER TOOLS IN THE INTERNATIONAL COOPERATION SCENARIO

The Italian Revenue Agency and the Bavarian Ministry of Finance started a pilot joint audit project in October 2012, aiming at jointly conducting tax controls on crossborder transactions, to ensure compliance with tax rules by companies operating in the two territories. The pilot phase of the project involved Veneto and Bavaria. After the first stage, the Italian and Bavarian Tax Administrations enhanced their joint commitment to strengthen administrative cooperation in tax matters by extending the Project to other companies and involving further Italian regions, such as Lombardy, Piemonte, Tuscany, Emilia Romagna and the autonomous provinces of Trento and Bolzano. The Joint Audit Project has also been analysed from the academic point of view: Universities of Bologna and Heidelberg conducted a research project, focused on Joint Audit legal framework, with reference both to the domestic - Italian and German and international context. This academic research also aimed at getting a deeper knowledge of issues related to the taxpayer right protection, the chance for them to independently request for the launch of a Joint Audit as well as the need for tax administrations to request prior consent of taxpayers concerned. The study also focused on the legal nature of Memorandum of Understanding, signed between competent authorities of the states involved in the project, and on the possibility for the taxpayers to access the project related information. Cooperative Compliance Cooperative Compliance is a programme aiming at efficiently influencing and improving taxpayer compliance behaviour. It is addressed to large taxpayers and based upon the principle Transparency in exchange for certainty. It means that taxpayers, in exchange for an open disclosure of their business model and the implementation of an adequate tax control framework, can have a direct and steady dialogue with the tax administration in order to asses and reduce tax risks. Such programme comes from OECD approach in terms of recommended actions towards reinforced relations between tax administration and taxpayers, based upon 5 JOINT AUDIT AND OTHER TOOLS IN THE INTERNATIONAL COOPERATION SCENARIO

mutual trust and cooperation. Already since 2008 the OECD Forum on Tax Administration (FTA) promoted the establishment of enhanced relationships between tax administration and taxpayers, providing some key pillars in this regard. Afterwards, in 2013, OECD published the Report Co-operative Compliance: A Framework from Enhanced Relationship to Co-operative Compliance, in which the setting up of a Tax Control Framework (TCF), by the taxpayers, plays a fundamental role. In a few words, OECD promotes the Cooperative Compliance as an important compliance risk management strategy tool, leading to payment of the right amount of tax at the right time. Italy, in the framework of implementing a tax certainty package, introduced in 2015 the Cooperative Compliance by Legislative Decree No 128. This specific program is reserved to specific types of business taxpayers, for instance resident and nonresident entities having a permanent establishment in Italy with a total turnover or operating revenues exceeding 10 billion euros. Taxpayers, once admitted to the regime, get some benefits, such as collaborative dialogue with the Italian Tax Administration before filing the tax return, fast track ruling procedure regarding the application of fiscal provision to specific cases, reduction of applicable penalties in case of tax assessment. Furthermore, no guarantees are required to obtain refunds of direct and indirect taxes. The impact of the Cooperative Compliance regime on effective audits risk is very important since it allows the Italian Tax Administration to free up resources for high risk taxpayers, thus increasing the efficiency of its activity. International Compliance Assurance Programme (ICAP) ICAP is an innovative tool to conduct an effective multilateral risk assessment and thus providing tax certainty to taxpayers, thanks to a stronger international cooperation among tax administrations. It is a voluntary programme that uses CbC Reports and other information to facilitate open and cooperative multilateral engagement between multinational groups and Tax Administrations. 6 JOINT AUDIT AND OTHER TOOLS IN THE INTERNATIONAL COOPERATION SCENARIO

ICAP follows the implementation of OECD BEPS Actions, related to transfer pricing, Country by Country Reporting (Action 13) and MAP (Action 14). OECD identifies a range of benefits related to the implementation of ICAP for multinational groups and tax administrations: a fully-informed targeted use of CbCR information, a more efficient use of resources and a co-ordinated approach to engagement, a faster clearer route to tax certainty and a fewer number of disputes entering into MAP. The Italian Revenue Agency has started working together with other six tax administrations to explore the feasibility on ICAP Pilot. Italy is strongly committed in the risk analysis activity, also aiming at the identification of critical areas of intervention to ensure compliance of multinational groups. The objective behind the ICAP pilot is to examine ways to leverage CbC information and other data available to tax administrations to assess tax risk multilaterally. 7 JOINT AUDIT AND OTHER TOOLS IN THE INTERNATIONAL COOPERATION SCENARIO