The Inclusive Framework on
BEPS releases additional guidance to give certainty to tax administrations and
MNE Groups on the implementation of Country-by-Country (CbC) Reporting under
BEPS Action 13; Additional guidance addresses 2 specific issues – a) definition
of total consolidated group revenue and b) whether non-compliance with the
confidentiality, appropriate use and consistency conditions constitutes
systemic failure; On the first issue, OECD Guidance clarifies that if an MNE
Group which does not have equity interests traded on a public securities
exchange use consolidated financial statements based on accounting
principles/standards different from those that are used to determine the
existence of and membership of a group under Article 1.1 of the Model
Legislation, then such MNE Group will still be required to calculate 'total
consolidated group revenue’ for the purposes of Article 1.3 based on the
accounting standards to be used for identifying a group under Article 1.1.;
On the second issue, OECD Guidance states that if a jurisdiction does not
in practice meet the conditions of confidentiality, appropriate use or
consistency, a Competent Authority may temporarily suspend the exchange of
information by giving notice in writing if it is determined that there is or
there has been significant non-compliance by the other Competent Authority;
However, noting that consequences of non-compliance with conditions of
confidentiality, consistency and appropriate use will depend on the terms of
the Qualifying Competent Authority Agreement (QCAA) between the jurisdictions,
OECD Guidance clarifies that “Because a temporary suspension of exchange of
information under Section 8 is in accordance with the terms of the relevant
QCAA, this does not constitute Systemic Failure”; Separately, OECD also
releases compilation of approaches adopted by member jurisdictions of the
Inclusive Framework with respect to issues where the guidance allows for
alternative approaches
Subscribe to:
Post Comments (Atom)
Can GST Under RCM Not Charged and Paid from FY 2017-18 to October 2024 be Settled in FY 2024-25?
In a recent and significant update to GST regulations, registered persons in India can now clear unpaid Reverse Charge Mechanism (RCM) liab...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
When India introduced the Goods and Services Tax (GST), it created a big change in the way companies handle their taxes. Earlier, business...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
What is a Digital Signature? Answer: A digital signature authenticates electronic documents in a similar manner a handwritten signatur...
-
Companies often give gifts to their employees to boost morale, celebrate achievements, and promote a positive work environment. Such gifts ...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
Section 150 of the Finance (No. 2) Act, 2024, specifies that taxpayers will not receive refunds for taxes paid or input tax credits (ITC) re...
-
Overview The Supreme Court of India recently ruled on the applicability of the Most Favoured Nation (MFN) clause in tax treaties involvin...
No comments:
Post a Comment