OCDE /OECD : Action 5 Harmful tax practices

The Action 5 Report is one of the four BEPS minimum standards. Each of the four BEPS minimum standards is subject to peer review in order to ensure timely and accurate implementation and thus safeguard the level playing field.

All members of the Inclusive Framework on BEPS commit to implementing the Action 5 minimum standard, and commit to participating in the peer review.

22/02/2021 - In order to maintain and further improve transparency on tax rulings, the OECD/G20 Inclusive Framework on BEPS, which groups over 135 countries and jurisdictions on an equal footing for multilateral negotiation of international tax rules, approved the process for the BEPS Action 5 peer review of the transparency framework for the years 2021 to 2025 (also available in French). This includes enhanced Terms of Reference for assessing the implementation of the minimum standard and a streamlined Methodology, adopting a risk-based approach towards the peer reviews.

The new process builds on the first phase of peer reviews covering the years 2017 to 2020, with the most recent statistics gathered from the 124 peer reviewed jurisdictions showing that so far 36 000 exchanges on more than 20 000 tax rulings have taken place. Its success was further underlined in the latest peer review undertaken by the Inclusive Framework on BEPS, which found that 81 jurisdictions are fully compliant with the minimum standard.

With the renewed peer review process now being agreed, the 2021 review in relation to the year 2020 is underway, with results expected later this year.

For more information on BEPS Action 5, visit http://www.oecd.org/tax/beps/beps-actions/action5

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