Pakistan implements formal transfer pricing documentation and Country-by- Country Reporting requirements

Similar documents
Ireland s Country-by- Country reporting notification deadline is 31 December 2016

South African Revenue Service issues Country-by Country reporting, master file and local file guidance

Egypt implements new transfer pricing guidelines

OECD updates its guidance on Country-by- Country Reporting

EU Council publishes updated Draft Directive on implementation of country-by-country reporting

Indian Tax Administration releases draft rules on Country-by-Country reporting and Master File implementation for public comment

Indonesia implements new transfer pricing documentation requirements in line with BEPS Action 13

Indian Tax Administration releases final rules on Country-by-Country reporting and Master File implementation

South African Revenue Service releases public notice on recordkeeping for transfer pricing transactions

Turkey amends transfer pricing legislation

Indonesia releases implementing regulations on Country-by- Country Reporting

Japan releases guidance on transfer pricing documentation requirements

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

Australia s proposed Diverted Profits Tax to affect many multinational businesses

Austria publishes draft regulation for implementation of Transfer Pricing Documentation Law

Russian Government issues bill for implementation of Automatic Exchange of Financial Account Information

India introduces secondary adjustment and interest limitation rules

Hong Kong introduces tax and transfer pricing legislation to counter Base Erosion and Profit Shifting

Australia releases draft law implementing countryby-country. increasing penalties for tax avoidance and transfer pricing.

Japan and Chile sign income tax treaty

European Parliament votes in favor of public Country-by- Country reporting in first reading

Global Tax Alert. OECD releases report under BEPS Action 13 on Transfer Pricing Documentation and Country-by-Country Reporting.

Hong Kong introduces legislative bill for corporate treasury center incentives

Singapore enacts transfer pricing documentation requirements and publishes updated transfer pricing guidelines

Cyprus Tax Authority issues guidance on revised transfer pricing framework for intra-group financing activities

OECD launches International Compliance Assurance Programme pilot

Global Tax Alert. Singapore Tax Authority releases updated transfer pricing guidelines. Executive summary. News from Transfer Pricing

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

Spain to require electronic records and submission for VAT books starting July 2017

Barbados conducting review on OECD-designated preferential regimes

Gulf Cooperation Council VAT may impact international law firms

UK s bilateral APA program for financial transactions is in line with growing global approach

OECD releases Switzerland s peer review report on implementation of BEPS Action 14 minimum standards

Mexico modifies transfer pricing deadlines for filers of DISIF

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

New Zealand s incoming Government to prioritize International tax reforms

Argentina publishes new transfer pricing documentation requirements for Country-by-Country reporting

OECD releases interim report on the tax challenges arising from digitalization

UAE completes first quarterly VAT return cycle: Risk areas identified

UK publishes draft clauses and other Documents under Finance Bill 2018

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

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

Spain to require maintenance and submission of VAT books by electronic means

Belgium introduces 100% participation exemption

Inland Revenue Authority of Singapore releases 2016 Transfer Pricing Guidelines

Transfer Pricing Documentation

OECD invites comments on discussion draft on treaty residence of pension funds

Hong Kong and India sign income tax treaty

Puerto Rico extends automatic extension period for filing a 2017 tax return from three months to six months

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

Global Tax Alert. Spain proposes amendments to the Spanish ETVE and participation exemption regimes. Executive summary. Detailed discussion

Executive summary. EY Global Tax Alert Library

Russia implements tax law changes in 2016

Swiss Parliament approves Corporate Tax Reform III

OECD BEPS final reports have implications for sovereign wealth and pension funds

OECD releases the United States peer review report on implementation of BEPS Action 14 minimum standards

OECD releases the United Kingdom peer review report on implementation of Action 14 minimum standards

UK Government opens consultations on Making Tax Digital

UK launches review of corporate intangible fixed assets regime

Danish Tax Board rules that Scandinavian sales manager s work from home creates PE for German company

Spain proposes to strengthen CFC rules

Swiss canton of Zug releases plan for local implementation of Corporate Tax Reform III

Global Tax Alert. Australian multinational antiavoidance. reporting and increased penalties. Wide-ranging impact requires action by multinationals

Luxembourg transfer pricing legislation at a glance

South African Tax Authority clarifies corporate tax classification of risk policies and once-off election for long-term insurers

OECD releases new guidance on transfer pricing for low value-adding intra-group services under BEPS Actions 8-10

Australia releases draft anti-hybrids law

Ireland publishes Independent Review of Irish Corporate Tax Code

India s CBEC extends LUT facility in respect of all zero-rated supplies

French Tax Authorities release unofficial draft of Transfer Pricing Statement required to be filed with 2013 tax return

New Zealand to implement wide ranging international tax reforms

Dutch Government launches internet consultation to amend the Dividend Withholding Tax Act

Norway to impose new tax liability rules and requirements for applying reduced withholding tax rate on dividend payments to foreign shareholders

Bangladesh Transfer Pricing Regulations Finance Act, 2014

UK publishes draft legislation on modified patent box regime

Hong Kong releases new practice note on concessionary tax regime for qualifying aircraft leasing activities

Canada: Ontario Ministry of Finance seeks input on proposals to facilitate compliance with the Land Transfer Tax Act

EU Finance Ministers reach conclusions on new rules for Code of Conduct

Sri Lankan tax authorities implement transfer pricing regulations

Bahrain releases new VAT Law

Australian Tax Office releases guide for offshore hubs involving procurement, marketing, sales and distribution functions

India revises Country Chapter comments in UN Practical Manual on Transfer Pricing Issues for Developing Countries

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

UK issues position paper update on corporate tax and the digital economy

Saudi Arabia completes first quarterly VAT return cycle: Risk areas identified

New Australia- Germany Tax Treaty enters into force

UK publishes Autumn Finance Bill 2017

Council of the EU reaches an agreement on new mandatory transparency rules for intermediaries and taxpayers

New EU VAT rules simplify VAT for e-commerce

Russian Finance Ministry communications clarify imposition of withholding tax on international transportation services

Mauritius issues new rules on substance for GBL and other related changes

Albanian Ministry of Finance issues instruction for implementation of new transfer pricing legislation

South Africa issues Budget 2015

Kenya Revenue Authority issues guidelines on tax amnesty on foreign income

The Netherlands publishes 2018 Budget Proposals including changes to Dutch Dividend Withholding Tax Act

European Commission announces proposal on double taxation dispute resolution mechanisms in the European Union

Australia s revised exposure draft on hybrid mismatch tax rules: A detailed review

French Parliament approves Finance Bill for 2018 and second Amending Finance Bill for 2017

Dutch Lower Court requests Dutch Supreme Court to reconsider its case law on withholding tax reclaim requests filed by foreign investment funds

The Netherlands and Switzerland sign agreements providing tax certainty for funds and investors

Transcription:

7 August 2017 Global Tax Alert News from Transfer Pricing Pakistan implements formal transfer pricing documentation and Country-by- Country Reporting requirements EY Global Tax Alert Library Access both online and pdf versions of all EY Global Tax Alerts. Copy into your web browser: www.ey.com/taxalerts Executive summary In 2016, the Pakistan Government approved new legislation 1 to effectively implement the Country-by-Country Reporting (CbCR or CbC reporting) and introduce formal transfer pricing documentation requirements in Pakistan through Finance Act, 2016. On 5 June 2017, the Federal Board of Revenue (FBR) released draft guidelines providing details on the requirements for preparing CbCR and transfer pricing documentations for public consultation, which are expected to be finalized in the coming weeks. The new legislation is generally in line with the three-tiered approach of Action 13 of the Organisation for Economic Co-operation and Development (OECD) Base Erosion and Profit Shifting (BEPS) project. As per the new legislation, qualifying Pakistan companies and establishments will have to comply with new transfer pricing documentation requirements from 1 July 2016 and CbCR requirements for financial years ending on or after 1 July 2017.

2 Global Tax Alert Transfer Pricing Detailed discussion Background Transfer pricing is not a new concept in Pakistan. The arm length principle was first introduced in Section 108 of the Income Tax Ordinance, 2001 (Ordinance) which provided powers to the FBR to distribute, apportion or allocate income, expenditures or tax credits between associates in respect of transactions not made in accordance with the arm s length principle. After the announcement of the OECD s BEPS project, Pakistan joined the BEPS Inclusive Framework which allowed Pakistan to work with OECD and G20 members on developing standards on BEPS related issues and reviewing and monitoring the implementation of the entire BEPS Package. Members of the Inclusive Framework are required to develop a monitoring process for the four minimum standards (Actions 5, 6, 13 and 14) as well as put in place the review mechanisms for other elements of the BEPS Package. The FBR now intends to implement the recommendations of Action 13 on CbC reporting into Pakistan legislation. This Alert summarizes the key aspects of this new legislation. New legislation The legislation on transfer pricing documentation implements the OECD s model legislation into the Pakistan income tax law, implementing the three-tiered approach for transfer pricing documentation consisting of the CbCR, the master file, and the local file. The detailed rules corresponding to the legislation will be included in the Income Tax Rules, 2002. CbC reporting The CbC reporting should contain the following information for each country where entities of the Multinational Enterprise (MNE) group operate: gross income, profit/loss before tax, income tax paid, accrued income tax, the nature of the group entities core business operations, and other measures of economic activity. In addition, the activities of all entities in each country should be disclosed. For Pakistan, if the ultimate parent entity (UPE) of an MNE group with a consolidated group turnover equal to or exceeding 750 million is a Pakistan tax resident, the entity must prepare and submit a CbCR form to the FBR within 12 months as of the last day of the financial year. To ensure that the FBR has access to the CBCR form, a Pakistani company that is part of an MNE group should also file a CbCR with the Pakistan tax authorities in one of the following cases: The UPE is not required to submit a CbC report in its country of residence The UPE is required to submit a CbC report, but there is no automatic exchange of CbCR between Pakistan and the country of residence of the UPE The UPE is required to submit a CbC report, and there is an automatic exchange of CbCR, but due to a systematic failure, no effective exchange of information takes place In these three cases, a group can alternatively decide to appoint a so-called surrogate parent entity (SPE) to comply with these requirements. A Pakistani MNE group entity will need to notify the FBR, whether it is the UPE or SPE or constituent entity. The information contained in the CbC report will be automatically exchanged with other concerned tax authorities according to the stipulations provided by the relevant international instruments. The CbC report should be prepared in English. As currently proposed, the CbC report is applicable for financial years ending on or after 1 July 2017. For the Pakistani headquartered groups, there may potentially be a risk that a secondary filing obligation may be enforced in other countries where they have a presence if the local countries filing deadline falls before 1 July 2017, i.e., before the Pakistani law has formally entered into force. A detailed analysis of the rules in countries in which multinational groups operate would be needed in order to assess the level of this risk. It is also possible to consider appointing a SPE outside Pakistan as a way to manage the risk. Transfer pricing documentation Every qualifying Pakistani group entity which is member of an MNE group will be required to prepare a master file and every Pakistani group entity will be required to prepare a local file if it meets the following threshold: 2 Master file MNE group turnover of more than PKR100 million (approximately US$950,000) Local file Related party transactions of more than PKR50 million (approximately US$475,000) The master file and local file should be maintained by taxpayers. There is no fixed submission date however, it needs to be provided to the tax authority within 30 days from the date of request. It is expected that this obligation would come into effect from 1 July 2016.

Global Tax Alert Transfer Pricing 3 Other considerations Failure to submit the CbCR, master file or local file will result in penalties discussed below. Furthermore, non-compliance with the new transfer pricing documentation obligations is likely to increase the audit risk. Offenses Any reporting financial institution or reporting entity who fails to furnish information or a CbC report to the Board as required under Section 107, 108 or 165B of the Ordinance within the due date Any person who fails to keep and maintain documentation and information required under Section 108 of the Ordinance or Income Tax Rules, 2002 Where a person fails to maintain records required under Section 108 Where any person fails to furnish the information required under Section 108 Penalties Such reporting financial institution or reporting entity shall pay a penalty of PKR2,000 for each day of default subject to a minimum penalty of PKR25,000 1% of the value of transaction, the record of which is required to be maintained under Section 108 of the Ordinance and Income Tax Rules, 2002 PKR10,000 or 5% of the amount of tax on income whichever is higher PKR25,000 for the first default and PKR50,000 for each subsequent default Implications Pakistani tax resident entities that are part of an MNE or local group and meet the financial thresholds will need to comply with the new transfer pricing documentation requirements from 1 July 2016 and CbCR requirements for financial years ending on or after 1 July 2017. The implementation of transfer pricing requirements is generally in line with the standardized threetiered approach defined by OECD. Considering the new requirements, MNEs with a presence in Pakistan should take immediate action in order to make sure that their transfer pricing policies are properly documented and properly implemented. Future Alerts will report on any further developments with respect to BEPS Action 13 legislation. Endnotes 1. This legislation was approved on 24 June 2016. 2. The exchange rate may vary.

4 Global Tax Alert Transfer Pricing For additional information with respect to this Alert, please contact the following: EY Ford Rhodes, Tax Services Leader Pakistan & Afghanistan, Islamabad, Pakistan Tariq Jamil +92 51 234 4024 tariq.jamil@pk.ey.com Ernst & Young Middle East, Transfer Pricing Leader Middle East & North Africa, Dubai, United Arab Emirates Guy Taylor +971 4 701 0566 guy.taylor@ae.ey.com Ernst & Young Middle East, Transfer Pricing, Dubai, United Arab Emirates Danial Khalid +971 4 701 0823 danial.khalid@ae.ey.com Ernst & Young LLP, Middle East Desk, Houston Gareth Lewis +1 713 750 1163 gareth.lewis1@ey.com

EY Assurance Tax Transactions Advisory About EY EY is a global leader in assurance, tax, transaction and advisory services. The insights and quality services we deliver help build trust and confidence in the capital markets and in economies the world over. We develop outstanding leaders who team to deliver on our promises to all of our stakeholders. In so doing, we play a critical role in building a better working world for our people, for our clients and for our communities. EY refers to the global organization, and may refer to one or more, of the member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients. For more information about our organization, please visit ey.com. Transfer Pricing Group 2017 EYGM Limited. All Rights Reserved. EYG no. 04556-171Gbl 1508-1600216 NY ED None This material has been prepared for general informational purposes only and is not intended to be relied upon as accounting, tax, or other professional advice. Please refer to your advisors for specific advice. ey.com