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OECD Master File-concept and CbC Reporting – national implementationStatus: 31.3.2017

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Preamble

Dear Reader,

In the light of the rising pressure from the public and the G20, among other factors, the OECD has set itself an objective to combat tax planning arrangements that are solely aimed at tax evasion and profit shifting. Therefore, in April 2013, the OECD published an action plan comprising 15 actions which measures should be developed and implemented to eliminate aggressive tax planning practices.

Four of these actions relate to transfer pricing. An action that is currently the most debated and most advanced in terms of implementation is the action concerning the introduction of a three-tiered transfer pricing documentation concept (BEPS Action 13 “Transfer Pricing Documentation and Country-by-Country Reporting”). Ever since the OECD published the final report relating to this action in 2015, many measures aimed at implementing the concept at international and national level have been already taken by regulators and tax jurisdictions in many countries.

Thus, 57 countries have already signed the “Multilateral Competent Authority Agreement on the Exchange of Country-by-Country Reports (MCAA CbC)” developed to implement the international mechanism of the automatic exchange of the so-called “Country-by-Country Reports“. Among 30 most important trading partners of Germany, the USA, Turkey, Romania, Taiwan and the United Arab Emirates are the only countries which have not signed the agreement.

Nonetheless, in the meantime, the initial euphoria about the hoped-for introduction of an internationally unified concept has faded amid the heterogeneous implementation practices across countries. Many countries will indeed implement Country-by-Country Reporting, but the approach to implementing the entire three-tiered approach, which in addition to Country-by-Country Reporting also comprises a Master File and a Local File, has been very inconsistent across countries. The differences are timing- and content-related. While some countries are implementing the OECD recommendations completely and in a timely manner, the others only recognise the need to develop the national legislation relating to Country-by-Country Reporting. Even when some countries adopt the OECD concept in a more or less unchanged form, there will be differences in terms of when relevant legal frameworks are introduced.

In effect, international companies are currently (at least in the transition period now) faced with the challenge of navigating the complexities arising from va-rying documentation requirements. The aim of this publication is to offer you relevant guidance, which can be only general because the legislative processes are still pending in many countries. Nonetheless, we believe that this document will give you a sufficient understanding of the intricacies that your company may be currently faced with.

Best regards

Your

Michael Scharf Dr. Kai-Uwe Bandtel

Transfer Pricing News

TP Global Update

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Contents

BEPS Action 13 7The Rödl & Partner consulting approach 9BEPS Action 13 state of implementation in selected countries 11

Implementation of Action 13 Austria 13Belarus 14Brazil 15Bulgaria 16China 17Croatia 18Cyprus 19Czech Republic 20Estonia 21Finland 22France 23Georgia 24Germany 25Hungary 26India 27Indonesia 28Italy 29Kazakhstan 30Kenya 31 Latvia 32 Lithuania 33 Mexico 34 Netherlands 35

Poland 36 Romania 37 Russia 38 Serbia 39 Singapore 40Slovakia 41 South Africa 42 Spain 43 Sweden 44 Switzerland 45 Thailand 46 Turkey 47 Ukraine 48 United Arab Emirates 49 United Kingdom 50 USA 51 Vietnam 52

Country-by-Country Reporting Notification to the tax administration 53 Countries that signed the MCAA on CbCR 55

About us 56 Rödl & Partner worldwide 57 Contact 58 Imprint 59

7

BEPS Action 13

Following the points of action developed in the context of the BEPS project against Base Erosion and Profit Shifting of multinational enterprises, countries shall implement

these actions via changes in domestic law and practices and via treaty provisions in order to protect their respective national tax bases. The BEPS Action Point 13 (”2015

Final Report – Transfer Pricing Documentation and Country-by-Country Reporting”) provides guidance for tax administrations to improve transparency by developing

rules and procedures on sufficient documentation in connection with risk assessment and transfer pricing inquiry. A standardized three-tiered approach to transfer pricing

documentation for Multinational Enterprise (MNE) groups should be adopted and should consist of the following: (i) a Master File, (ii) a Local File and (iii) a Country-by-

Country Reporting (CbCR).

The Master File contains standardized information relevant for all MNE group members and should provide a general overview of the MNE group business, placing the

MNE group's pricing practices in their global economic, legal, financial and tax contexts. Compared to already existing Master File concepts or that existed previously,

the chapters on intangible assets and financing in particular are new. In contrast to the Master File the Local File provides more detailed information relating to specific

intercompany transactions for the respective domestic taxpayer to which the Local File applies. The third component of the three-tiered approach is the CbC Reporting

which is generally compiled only by MNE groups with annual consolidated group revenue equal to or exceeding 750 million Euro. CbC Reporting requires aggregate tax

jurisdiction-wide information related to the global allocation of income, taxes paid and certain indicators of the location of economic activity among the tax jurisdictions

in which the MNE group operates.

The Master File and CbC Reporting will be helpful for risk assessment purposes. However, the Local File comprises information relevant to a detailed transfer pricing analysis

for the relevant taxing authority for each country in which the MNE group is situated.

Three-tiered approach

risk assessment transfer pricing analysis

Local File

(”specific IC transactions”)

CbC Reporting

(”high-level risk assessment”)

Master File

(”high-level overview”)

Transfer Pricing Documentation and Country-by-Country Reporting

8

The anticipated flow of information between the members of a MNE group and the taxing authorities.

In practice, the ultimate parent company is required to prepare the Master File and will share it with the constituted entities in order to comply with the documentation

requirements. The ultimate parent company has access to all essential tax information. Depending on the existing intercompany transactions, the individual country specific

Local Files can be filed centrally by the ultimate parent company or can be independently filed by the local companies. The more interlinked and versatile the intercompany

transactions between the individual associated enterprises are, the less the centralization of information filing will be feasible. In general, each ultimate parent company of

a MNE group is obligated to file a CbC Report in the country where it is resident for tax purposes. The OECD concept includes an annual exchange of information received

from the reporting entities that is a resident for tax purposes in its jurisdiction with all other competent authorities of jurisdictions with respect to which it has an agreement

in effect, and in which, on the basis of the information in the CbC Report, one or more constituent entities of the MNE group of the reporting entity are either a resident

for tax purposes, or are subject to tax with respect to the business carried out through a permanent establishment.

Many countries have already made initial arrangements to implement BEPS Action Point 13 in domestic law. An implementation will provide taxing authorities with useful

information to assess transfer pricing risks and make determinations about where audit resources can most effectively be deployed. Taxpayers are encouraged to articulate

convincing, consistent and cogent transfer pricing positions in order to be positioned to face what will inevitably be a more thorough risk assessment and audit process by

their respective taxing authorities.

CbC

Reporting

Ultimate parent

company

Constituent Entity Constituent EntityConstituent Entity

Date?

Master FileUpdate (if necessary) with

the annual tax declaration

Automatic information exchange

Date?

Local FileE.g. with annual tax

declaration

Master File

Master File Master FileMaster File

Local File

Local File Local FileLocal File

Date?

» Duty of documentation for all

FY following 1 January 2016

» Usually declaration within

12 months after the last day

of the Reporting Fiscal Year

of the MNE group

Tax administrationTax administration Tax administration

Tax administration

9

The Rödl & Partner consulting approach

Rödl & Partner's International Transfer Pricing group supports multinational corporations in the development, implementation and enhancement of their global transfer

pricing documentation concept.

Already successfully implemented international documentation projects exhibit which approaches are most suitable for multinational groups in order to achieve a more efficient

documentation preparation process. The central design as well as the default of the specification documentation concepts and the mirroring of standardized documentation

contents between single entities are essential prerequisites for a uniform approach to documentation on a group-wide basis. The following illustration provides the anticipated

workflow between Rödl & Partner and its clients during the course of a transfer pricing documentation project.

Implementation of a documentation concept

Design of the documentation concept

Facts and figures; Preparation Master File

Finalization Master File

Creation Local File Template

Coordination to national regulations

caretaker

Procurement and delivery of relevant information

Review and finalization of Local Files

Coordination with group-companies

Possibly, coordination with subsidiaries

Corporate objectives

Procurement of relevant information

Client

Coordination to national regulations

Local review to comply with national regulations

Creation national Local File

local

10

The Rödl & Partner consulting approach

Through the coordination of Rödl & Partner’s local transfer pricing consultants, the relevant group entities are identified and the scope of any necessary transfer pricing

documentation is determined in accordance with the legal frameworks in those respective countries. With an exposition of the local documentation requirements for

each jurisdiction, Rödl & Partner provides an optimal decision-making platform and provides specific recommendations with regards to proper implementation.

Providing centralized management of the documentation process, Rödl & Partner takes over the coordination efforts for clients, which has a synergistic impact on the

procurement of information and analysis of the relevant facts. As an illustrative example, the use of Rödl & Partner’s proprietary document exchange (“RDoX”) offers a

secure, simple and straightforward exchange of information as well as an individualized structuring of documentation contents.

With a view to Country-by-Country Reporting, Rödl & Partner provides via DefTax®, a system-supported control-reporting tool that allows for the capture of tax-relevant

information directly at the single company level worldwide that can then be compiled in a consolidated manner for a group level viewpoint.

As an integrated professional services firm, with wholly owned locations in countries around the world, working together with Rödl & Partner ensures straightforward and

efficient communication channels. As a result, Rödl & Partner is able to offer to multinational corporate groups one worldwide documentation concept from a single source

with a central contact person for all topics.

Implementation of a documentation concept

11

United Arab Emirates

BEPS Action 13 state of implementation in selected countries

World

Implemented Partially implemented Implementation expected No implementation

China

Brazil

EU countries

India

Indonesia

Kazakhstan

Kenya

Mexico

Georgia

Russia

Singapore

Thailand

South Africa

USA

Vietnam

12

Implemented Partially implemented Implementation expected No implementation

Czech Republic

Finland

Belarus

BEPS Action 13 state of implementation in selected countries

Europe

Bulgaria

Croatia

Estonia

France

Austria

Serbia

Hungary

Germany

Italy

Latvia

Lithuania

Netherlands

Poland

Romania

Sweden

Switzerland

Slovakia

Spain

Turkey

Ukraine

United Kingdom

Cyprus

13

Implementation Action 13

Austria

Master File Local File CbCR

» Obligation to prepare the Master File, if:

» Turnover exceeds the amount of 50 million

Euro for two consecutive years, or

» If another group entity must prepare a

Master File

» Submission deadline after request: Within 30 days

» Penalties: Up to 5.000 Euro for noncompliance

» Obligation to prepare the Local File, if turnover

exceeds the amount of 50 million Euro for two

consecutive years.

» Filing requirements are identical as for Master File

» For turnover falling below the threshold, transfer

pricing documentation must be prepared based on

the general rules.


» CbCR has been implemented.

» Requirement: Annual consolidated group revenue of

at least 750 million Euro

» Submission deadline: Within 12 months after fiscal

year’s end

» Surrogate filing: Has been implemented


with CbCR

» Duty of notification: By the end of the fiscal year,

corporate entities impacted by CbCR have to be

announced

» Austria is a signatory of the Multilateral Competent

Authority Agreement on the Exchange of CbC

Reports (the ”MCAA CbC”).

Effective in law for fiscal years from 1 January 2016

14


Belarus


» The Master File concept has not been implemented and implementation is not expected in the near future.

» However, the Commission of the Eurasian Union has declared readiness to accept OECD concepts, such as

the concepts outlined in Action 13. In general, it is anticipated that Belarus will take similar steps as its main

economic counterpart Russia, albeit with a time lag.

» Nevertheless, taxpayers are required to notify the tax authorities about controlled transactions and are obliged

to provide documentation upon request by the tax authorities.

» CbCR has not been implemented in Belarus so far.

» It is expected that the anticipated implementation

of CbCR in Russia will accelerate the progress in

Belarus.

15


Brazil


» The implementation of the Master File concept according to BEPS Action 13

is not expected.

» The CbCR has been implemented for calendar years 2016 and after.

» Requirements:

» Enterprises with total consolidated revenue of more than 2.26 billion

Brazilian Real, if the controlling company is Brazilian; or

» Consolidated revenue of more than 750 million Euro if the parent company

is located abroad

» Submission deadline: CbCR shall be disclosed annually through a Module

(Bloco W) of the Brazilian Annual Corporate Income Tax Return (”ECF”) no

later than the last business day of July each year.


» Secondary filing: Has been implemented

» Penalties: Transactions and financial operations that are not fully reported in

CbCR can trigger a penalty of up to 3 % of the amount of the transactions

» Duty of notification: No later than the last business day of July each year

» Brazil is a signatory of the Multilateral Competent Authority Agreement on

the Exchange of CbC Reports (the ”MCAA CbC”).


16


Bulgaria


» The Implementation of the Master File concept according to BEPS Action 13

has not been undertaken.

» Draft law regarding the implementation of CbCR is available.

» Requirements:

» Ultimate parent of the group is a tax resident in Bulgaria and the annual

consolidated group revenue exceeds 100 million Lew (approx. 51 million

Euro) for the fiscal year prior the reporting year or

» Ultimate parent of the group that is not a tax resident in Bulgaria and the

annual consolidated group revenue exceeds 1.466.872.500 Lew (750 million

Euro) for the fiscal year prior to the reporting year.

» Submission deadline: Within 12 months after the conclusion of the reporting year


» Penalties:

» No report submitted (up to 200.000 Lew)

» Submission of incomplete or incorrect data (up to 150.000 Lew)

» Duty of notification: By the end of the reporting year

Draft law available

17

China


» Implementation of the Master File concept will be

carried out.

» Obligation to prepare the Master File if:

» The cross-border related party transactions

and the group to which the enterprise

belongs has already prepared a Master File.

» Or the total cross-border related party

transactions exceed 1 billion Renminbi

» Deadline for preparing the Master File: Within

12 months after the conclusion of the reporting

fiscal year


» Penalties: Noncompliance (10.000 Renminbi)

» Duty of notification concerning CbCR even if the

Chinese enterprise is not obligated to file CbCR.

» Implementation of the Master File concept will be

carried out.

» Obligation to prepare the Local File if:

» Transfers of tangible assets exceed

200 million Renminbi

» Transfers of financial assets or transfer of

ownership of intangible assets exceed

100 million Renminbi

» All other related party transactions exceed

40 million Renminbi.

» Deadline for preparing the Local File: No later than

30 June following the tax year


» The Chinese Local File rules contains components

that exceed the requirements of BEPS

» CbCR has been implemented.

» Requirements: Ultimate holding company of a MNE

and the group with an annual consolidated group

revenue of at least 5.5 billion Renminbi

» Submission deadline: May 31 of the subsequent

year within the corporate income tax return by

a specific form


» Penalties: 10.000 Renminbi - 50.000 Renminbi

» Duty of notification: In conjunction with the form

on related party transactions

» China is a signatory of the Multilateral Competent





18


» Croatia is a participating member of an inclusive framework that brings together

more than 100 countries and jurisdictions to collaborate on the implementation

of the OECD / G20 Base Erosion and Profit Shifting (BEPS) Package.

» The implementation of the Master File concept according to BEPS Action 13

is expected.

» CbCR according to BEPS Action 13 is already implemented.

» Requirements: MNEs headquartered in Croatia with total consolidated group

revenue of at least 750 million Euro are required to file the CbC report

» Threshold: Annual consolidated group revenue of at least 750 million Euro

» Submission deadline: Within 12 months from the last day of the tax year for

which the report is submitted

» Surrogate filing: Has not been implemented yet

» Secondary filing: Has not been implemented yet

» Penalties: From 270 to 27.000 Euro

» Duty of notification: No



Croatia

19

Cyprus



» There is no legislation on the implementation of the Master File concept according

to BEPS Action 13.

» The tax authorities have not yet issued any guidance on the implementation

of the Master File and Local File. However, in practice it is anticipated that the

tax authorities will apply the OECD guidelines.

» CbCR according to BEPS Action 13 has been implemented.

» Requirements: Ultimate parent entity of a MNE group generating consolidated

annual turnover exceeding 750 million Euro

» Submission deadline: Within 12 months after the conclusion of the reporting

financial year


» Penalties: At this stage there is no indication of the level of penalties.

It is expected to be effective as required by the EU Directive

» Duty of notification: Should be submitted before the end of each financial year.

First notifications should be made by 20 October 2017

» Cyprus is a signatory of the Multilateral Competent Authority Agreement on



20



» There has been no implementation of the Master File concept into national law

to date, however it is recommended by internal and external regulations of the tax

authorities to follow the OECD-Guidelines with regards to the Master File concept.

» During tax audits both files are typically requested by the tax authorities.

» Draft law is published, implementation is expected on 5 June 2017

» Regulations according to the draft law are as follows:

» Requirement: Annual consolidated group revenue of at least

750 million Euro

» Submission deadline: Within 12 months after the conclusion of the

reporting fiscal year



» Penalties: Up to 3 million Czech Koruna

» Duty of notification:

» In general: At the end of the financial year

» Exemption for the first year of implementation (2016):

Tax authorities have to be notified about the reporting

parent entity of group until the 30 September 2017

» Czech Republic is a signatory of the Multilateral Competent Authority Agreement

on the Exchange of CbC Reports (the ”MCAA CbC”).

Expected to be effective for fiscal years for 1 January 2016

Czech Republic

21

Estonia



» Since 2007, Estonia has a similar Master File concept that closely follow the

prior OECD documentation guidelines.

» CbCR has not been implemented into national law.

» A draft law regarding CbCR has been approved by the government,

but not by the parliament.

» The regulations according to the draft law are as follows:

» Requirement: Annual consolidated group revenue of at least

750 million Euro

» Submission deadline: Within 12 months after the conclusion of

the reporting fiscal year

» Surrogate filing: Will be implemented

» Duty of notification: Within 6 months after the financial year

» Estonia is a signatory of the Multilateral Competent Authority Agreement on the

Exchange of CbC Reports (the ”MCAA CbC”).

Draft law available

22



» Master File concept according to BEPS Action 13 is implemented.

» Implementing Act: Section 14b § of the Tax Assessment Act

(”Laki Verotusmenettelystä”)

» Filing threshold:

» Number of employees at least 250 or

» Net turnover over 50 million Euro or balance-sheet total over

43 million Euro and

» Company fulfills the criterion set in Commission Reccomendation

2003 / 361 / EC (”SME”) and

» Amount of intra-group transactions during the fiscal year over 500.000 Euro

» Deadline for preparing the Master File: At the earliest 6 months after the end of

fiscal year


» Penalties: Punitive tax up to 25.000 Euro

» For the Local File, there are the same stipulations in place as for the Master File

(thresholds, deadlines, penalties, etc).

» CbCR according to BEPS Action 13 is implemented.

» Relevant Law: Section 14d § and 14e § of the Tax Assessment Act

(”Laki Verotusmenettelystä”)

» Requirements: Parent entity of a MNE group and a foreign company having

a PE in Finland for CIT purposes


» Submission deadline: Within 12 months after the end of the fiscal year



» Penalties: Punitive tax increase up to 25.000 Euro

» Duty of notification: By the end of the fiscal year with extension until 31. May

2017 for fiscal years ending prior to 31. May 2017

» Finland is a signatory of the Multilateral Competent Authority Agreement on


Effective in law for fiscal years from 1 January 2017 Effective in law for fiscal years from 1 January 2016

Finland

23

France



» There are presently no plans for an implementation of the OECD Master File

concepts since an equivalent local concept already exists.

» CbCR according to BEPS Action 13 is implemented.

» Requirement: Annual consolidated group revenue of at least 750 million Euro


fiscal year


» Duty of notification: In connection with the corporate income tax return

» Penalties: Noncompliance with CbCR and notification requirements

(up to 100.000 Euro)

» France is a signatory of the Multilateral Competent Authority Agreement



24


Georgia


» Since 14 June 2016, Georgia is a participating member of the inclusive framework

that brings together over 100 countries and jurisdictions to collaborate on the

implementation of the OECD / G20 Base Erosion and Profit Shifting (BEPS) Package.

» The implementation of the Master File concept according to BEPS Action 13 is

expected for future.

» Implementation of CbCR according to BEPS Action 13 is expected.

» Georgia is a signatory of the Multilateral Competent Authority Agreement on


25

Germany



» Master File concept according to BEPS Action 13 is implemented with slight

modifications into German law.

» Requirements for Master File: Revenue of at least 100 million Euro in the

previous year

» Requirements for Local File:

» Flow of goods: 6 million Euro

» Other transactions: 600.000 Euro

» Submission deadline: Within 60 or 30 days upon request, no submission required

with the annual tax return

» Nature, content and extent are determined in the ordinance

» Penalties:

» Tax administration can estimate the revenues (shift of burden of proof

to the taxpayer)

» No submission or inadequate documentation: Penatly of minimum 5 %

up to maximium 10 % of the revenue correction; minimum 5.000 Euro

» Late submission: Penalty of 100 Euro / day (maxmimum 1 million Euro)

» §138a AO: Implementation of CbCR


» Evaluation and storage of the data for 15 years


fiscal year



» Penalties: Noncompliance with CbCR and notification requirements

(up to 10.000 Euro)

» Duty notification: Submission with the annual tax return

» Germany is a signatory of the Multilateral Competent Authority Agreement


Obligation to prepare for fiscal years from 1 January 2017 From 1 January 2016

26


Hungary


» To a large extent, Hungary has aligned its documentation requirements with the

OECD Master File concept according to Chapter 5 (OECD GL, 2010) beginning

2015.

» The Master File concept according to BEPS Action 13 has not yet been adopted.

Nevertheless, implementation is expected.

» CbCR according to BEPS Action 13 has not been implemented.

» Hungary is a signatory of the Multilateral Competent Authority Agreement


27

India



» The Master File concept was implemented with an

effective date of 1 April 2016.

» Detailed regulations remain open.

» Threshold: There are no thresholds prescribed.

» Deadline for preparing the Master File: The form and

the due date for preparation of the Master File for

the period covering the financial year 2016-17 is

not yet prescribed.

» Submission deadline after request: Since the Master

File is to be submitted with the prescribed authority,

the mechanism for request of the Master File by the

Tax Officer is not yet specified (expected to be the

30 November of the following FY; same as Local File

requirements).

» Penalties: Non-furnishment of the Master File

(500.000 Indian Rupee)

» Local File requirements in the Indian TP Law were

introduced in 2001 and are already broadly in line

with BEPS Action 13.

» Filing threshold: Aggregate value of international

transactions exceeding 10 million Indian Rupee.

» Deadline for preparation: Contemporaneous by due

date of filing of the Income Tax Return i.e. by 30

November 2017 (for FY 2016-17).

» Submission deadline after request: Within 30 days,

with the ability to extend for an additional 30 days.

» Penalties: Non-maintenance, non-reporting or

non-furnishing to the Tax Officer (2 % of the value

of international transactions)

» The Finance Act 2016, introduced CbCR in India effective

for financial years beginning on or after 1 April 2016.

» Expected Threshold: Annual consolidated group

revenue of at least 750 million Euro or 53.950 million

Indian Rupee

» Submission deadline: The filing of CbCR is required

by the due date of filing of the return of income i.e.

by 30 November 2017 (for FY 2016-17).



» Penalties:

» Non-furnishment of CbCR

(5.000 Indian Rupee - 15.000 Indian Rupee

per day)

» If the non-furnishment continues

(50.000 Indian Rupee per day)

» Inaccurate CbCR information

(500.000 Indian Rupee)

» Duty of notification: Details are not published yet.

» India is a signatory of the Multilateral Competent



Effective from 1 April 2016 Effective since 1 April 2001 Effective from 1 April 2016

28


Indonesia


» The Master File concept according to BEPS Action 13 is already implemented.

» Requirements:

» Annual gross turnover in the previous year exceed 50 billion Indonesian

Rupiah (if the tax payer has operated for less than 12 months, the turnover

should be annualized)

» Annual related party transactions in the previous year exceed:

» 20 billion Indonesian Rupiah for transactions involving transfer

of tangible goods

» 5 billion Indonesian Rupiah for each transaction such as services,

interest payments, intangibles or other transactions that are

defined as high risk transactions

» the related party is domiciled in a country or jurisdiction with a corporate

income tax rate lower than the Indonesian corporate income tax rate

» Deadline for preparing the Master File and Local File: By the fourth month

following the end of a tax year

» Submission deadline after request: Within 14 days; the summary of the files

shall be attached with the Annual Corporate Income Tax Return

» Penalties: Failing to submit as an attachment to the Corporate Income Tax Return

(1.000.000 Indonesian Rupiah)

» The CbCR concept according to BEPS Action13 is already implemented.


fiscal year; must be submitted to the DGT as an attachment Annual Corporate

Income Tax Return

» Penalties: Failing to submit as an attachment to the Corporate Income Tax Return

(1.000.000 Indonesian Rupiah)

» Indonesia is a signatory of the Multilateral Competent Authority Agreement on

the Exchange of CbC Reports (the ”MCAA CbC").

Effective in law for fiscal years 2016

29

Italy



» The Master File concept outlined by BEPS Action 13 has not yet been implemented

in local law.

» Implemented per decree dated 23 February 2017.

» Requirements: Part of an MNE with annual consolidated group revenue of at

least 750 million Euro


» Submission deadline: Within 12 months after the closing of a fiscal year for which

CbCR has to be prepared

» Surrogate filing: Italian subsidiaries controlled by a foreign company which is

resident in a country where CbC filing requirements have not been implemented,

or in a country that does not carry out an actual exchange of CbCR with Italy.

» Penalties: 10.000 Euro to 50.000 Euro per company

» Duty of notification: Within the annual tax declaration (valid for Italian parent

company and for Italian subsidiaries)

» Italy is a signatory of the Multilateral Competent Authority Agreement on the



30


Kazakhstan


» Kazakhstan is not an OECD member.

» Kazakhstan is a participating member in the inclusive framework that brings

together over 100 countries and jurisdictions to collaborate on the implementation

of the OECD / G20 Base Erosion and Profit Shifting (BEPS) Package.

» If a Kazakhstan parent MNE has a subsidiary or member firm in countries with

requirements to maintain the three tiered transfer pricing documentation, the

MNE may have to prepare and file the Master File and the Local File.

» CbCR according to BEPS Action 13 has been implemented.

» Requirements: Annual consolidated group revenue of at least 750 Million Euro

(254.612.334.973,00 Tenge)

» Submission deadline: Within 12 months after the conclusion of the financial year


» Penalties: Up to 26.630 Euro (9.038.400 Tenge)

» Duty of notification: Notification should be provided until 15 May

» Kazakhstan is not yet a signatory of the Multilateral Competent Authority

Agreement on the Exchange of CbC Reports (the ”MCAA CbC”).

31

Kenya



» The Master File concept according to BEPS Action 13 hasn‘t been implemented

in Kenya yet.

» It is anticipated that the KRA (Kenya Revenue Authority) will implement the

Master File approach soon.

» The implementation of CbCR according to BEPS Action 13 is expected.

» Current transfer pricing legislation refers only to related party documentation

requirements.

» Kenya is not yet a signatory of the Multilateral Competent Authority Agreement


32


Latvia


» Implementation of the Master File concept according to BEPS Action 13

is expected, but no specific terms have been established to date.

» Latvia has local documentation requirements that have to be submitted within

a month after being requested by the taxing authority.

» Implementation of CbCR according to BEPS Action 13 is expected. But no certain

terms have been set.

» Latvia is a signatory of the Multilateral Competent Authority Agreement on the


33

Lithuania



» The Master File concepts according to BEPS Action 13 is not implemented yet.

» As Lithuania is participating in the inclusive framework to collaborate on the

implementation of the OECD / G20 Base Erosion and Profit Shifting (BEPS)

Package with its members, the Lithuanian taxing authority’s recommendation

is to follow the OECD documentation guidelines.

» CbCR has not been implemented in Lithuania to date.

» However, there is a draft of the amendment to the Law on the Tax Administration

(Article 61) that is being discussed in the Lithuanian Parliament.



fiscal year

» Penalties: Up to 300 Euro for noncompliance with CbCR and notification

requirements; in case of the repeated infringements up to 600 Euro

» The details of the reporting procedure will have to be established by the central

tax administrator.

» Lithuania is a signatory of the Multilateral Competent Authority Agreement on


Draft law available

34


Mexico


» The Master File concept according to BEPS Action 13 is already implemented and

was included in the Mexican Income Tax Law in fiscal year 2016.

» For instance, the concept is applicable for:

» Mexican companies with income of at least 644.599.004 Mexican Peso and

» Companies who are members of the optional tax regime for company

groups and PE’s of foreign residents.

» Deadline for preparing the Master File: 31 December of the following year to the

one to which the Master File corresponds.

» Penalties: Ranging from 140.540 Mexican Peso to 200.090 Mexican Peso for not

filing the Master File or filing an incomplete Master File, i.e. a Master File with

mistakes or inconsistencies.

» The implementation of CbCR concept according to BEPS Action 13 is already

implemented.

» It is applicable for:

» Mexican companies with income of at least 644.599.004 Mexican Peso and

» Companies who are members of the optional tax regime for company groups

and PE’s of foreign residents.

» Requirements: Annual consolidated income in the previous year amounts to

12.000.000.000 Mexican Peso or more

» Submission deadline: 31 December of the following year to the one to which

the Master File corresponds.


» Penalties: From 140.540 Mexican Peso to 200.090 Mexican Peso for not filing

the Master File or filing an incomplete Master File, i.e. a Master File with mistakes

or inconsistencies.

» Mexico is a signatory of the Multilateral Competent Authority Agreement on the


Effective for fiscal years from 1 January 2016

35

Netherlands



» Master File and Local File obligations according to BEPS Action 13 are

implemented as of 2016.

» The recommendations of the OECD are followed.

» Threshold: Master File and Local File apply to MNEs with annual consolidated

group revenue of at least 50 million Euro.

» Deadline for preparing the Master File and Local File:

» No active filing required, document should be present in the administrative

files of the tax payer by the filing deadline of the CIT-return.

» In case of a tax audit this documentation should be provided immediately.

» In practice, a grace period of 4 weeks is granted.

» Penalties: If documentation is not available at an tax audit, the burden of proof

shifts from the tax inspector to the taxpayer.

» Local transfer pricing documentation must be applied in addition to obligations

arising under BEPS action 13.

» CbCR according to BEPS Action 13 is implemented as per 2016.

» Requirements: Ultimate parent company of multinational group with annual group

turnover exceeding 750 million Euro


fiscal year



» Penalties: Criminal fines up to 20.250 Euro or up to 4 years imprisonment and

additionally in all cases shift of burden of proof


» Ultimately before end fiscal year

» Exception for fiscal year 2016, due date 1 September 2017

» Notification via electronical portal (not yet available).

» Based on current legislative proposal the penalties outlined above will

also apply on the notification duty

» Netherlands is a signatory of the Multilateral Competent Authority Agreement



36


Poland


» The Master File concept according to BEPS Action 13

has been implemented.

» Obligation to prepare Master File, if last year's

revenues or expenses of the taxpayer exceeded

20 million Euro

» Deadline for preparing and attaching to the Local File:

» Up to the deadline for filing an annual tax

return by the associated enterprise which has

prepared the information on the associated

group (i.e. Master File)

» No submission with the annual tax return

» Submission deadline after request by the tax

authorities: Within 7 days

» Penalties:

» No or defective documentation: A penalty rate

of 50 % of the difference between the income

declared by the taxpayer and the income

assessed by the tax authorities.

» Sanctions under the Penal Fiscal Code possible

(e.g. management board members, persons in

charge for accounting / tax returns)

» The Master File concept according to BEPS Action 13

has been implemented.

» Obligation to prepare the local file, among other

things if:

» Previous year's revenues or expenses of the

taxpayer exceeded 2 million Euro (obligation

to prepare local file for two subsequent years),

» Materiality of the transaction or another event

(the minimum threshold of 50.000 Euro, the

threshold increases depending on the revenue

level).

» Receivables paid to a tax haven > 20.000 Euro

» Deadline for preparing the local file: Equal to the

deadline for the filing the annual tax return

» Submission deadline after request by the tax

authorities:

» 7 days – for material transactions

» 30 days – for immaterial transactions indicated

by the inspectors

» Penalties: The same as in the case of the Master File

» CbCR according to BEPS Action 13 has been

implemented.

» Currently applied to only domestic holding

companies, not being a subsidiary in the meaning

of the accounting regulations

» Requirement: Annual consolidated group revenue

of at least 750 million Euro

» Submission deadline: Within 12 months after the

conclusion of the reporting fiscal year

» Surrogate and secondary filling: Planned

implementation, legislative process underway

» Penalties: Legislative process underway

» Duty of notification: Legislative process underway

» Poland is a signatory of the Multilateral Competent



Effective for fiscal years from 1 January 2017 1 January 2016

37

Romania



» The Master File approach according to BEPS Action 13 has not been incorporated

in local law yet, but efforts to introduce it within the next year are currently

in process.

» Implementation of CbCR is anticipated, starting with 31 December 2018.

» Romania is not yet a signatory of the Multilateral Competent Authority

Agreement on the Exchange of CbC Reports (the ”MCAA CbC”).

38


Russia


» The Master File concept according to BEPS Action 13 has not been implemented yet.

» However, there is a draft bill that contains requirements for the preparation of

documentation for multinational enterprises in accordance with the BEPS Action

13 regulations. The recommendations of the OECD are essentially followed

(nature, content and extent are determined in the ordinance).

» Currently, there is no obligation in Russia to prepare and submit a Master File and

Local File for Russian MNEs.

» Requirement: Annual consolidated group revenue of at least 50 billion Russian

Ruble for the period prior to the reporting period

» Filing threshold: Limit for Master File and Local File has not been set yet

» Submission deadline after request: Within 3 months, but not earlier than 15

months after the end of the respective reporting year

» Penalties: Fine of 100.000 Russian Ruble for unlawful failure to file each required

document

» Master File and Local File are to be filed with the tax authority in electronic form

and may be compiled in free form in accordance with the legal requirements.

» Master File is filed only by the holding company or an entity authorized by the

holding company.

» Addition: Annual notification on affiliation with corporate group

» CbCR according to BEPS Action 13 has not been implemented yet.

» There is presently a draft bill proposing the implementation of CbCR

» Requirement: Annual consolidated group revenue of at least 50 billion Russian

Ruble for the period prior to the reporting period

» Submission deadline: Within 12 months of the end of the reporting financial year

» Penalties: Fine of 100.000 Russian Ruble for unlawful failure to file each of

documents

» Country report is to be filed with the tax authority electronically in the

prescribed form.

» Addition: Is filed only by the holding company or an entity authorized by the

holding company

» Russia is a signatory of the Multilateral Competent Authority Agreement on


Draft law available; Date to be entered into force unknown

39

Serbia



» Implementation of the Master File concept according to BEPS Action 13

is expected.

» Currently no bill for such implementation has been drafted.

» Implementation of CbCR according to BEPS Action 13 is expected.

» Serbia is not yet a signatory of the Multilateral Competent Authority Agreement


40


Singapore


» The Inland Revenue Authority of Singapore (”IRAS”) has not adopted the Master

File concept according to BEPS Action 13.

» However, the existing guidance on transfer pricing documentation expects

Singapore taxpayers to include group level and entity level information in their

transfer pricing documentation.

» Singapore will implement CbCR for Singapore MNE groups from the fiscal year

2017 onwards.

» Requirements: CbCR will be required for a MNE group in relation to a fiscal year,

if all of the following conditions are met:

» The MNE group is a Singapore MNE group,

» The consolidated group revenue in the preceding fiscal year is at least

1.125 million Singapore Dollar and

» The MNE group has subsidiaries or operations in at least one foreign

jurisdiction.

» Threshold: The consolidated group revenue in the preceding fiscal year is at least

1.125 million Singapore Dollar.

» Submission deadline: Within 12 months from the end of the fiscal year.

» Surrogate filing: Not implemented

» Penalties:

» Late filing or failing to file CbCR (up to 1.000 Singapore Dollar and

imprisonment for up to 6 months)

» False / misleading CbC information (up to 10.000 Singapore Dollar and

imprisonment for up to 2 years)

» Duty of notification: Not implemented


41

Slovakia



» The Master File concept according to BEPS Action 13 hasn’t been implemented to

date but implementation is expected.

» Duty to provide documentation in terms of national regulations is given

(Regulation of the Ministry of Finance on the Transfer Pricing Documentation).

This duty corresponds partially with the implemented BEPS Action 13.

» Implementation of CbCR according to BEPS Action 13 via Act No. 442 / 2012 Coll.

» Requirement: Annual consolidated group revenue of at least 750 million Euro in

the previous year

» Legal effectiveness:

» Business years from 1 January 2016 for Ultimate Parent Entities with a tax

residence in Slovakia and

» From 1 January 2017 for Constituent Entities with a tax residence in Slovakia

(in case these entities are subject to reporting)

» Submission period: Within 12 months after the conclusion of the fiscal year



» Penalties:

» In case of non-observing the CbCR (up to 10.000 Euro)

» In case of a breach of the duty of notification (up to 3.000 Euro)

» Duty of notification: In connection with the tax return

» Slovakia is a signatory of the Multilateral Competent Authority Agreement on


As of 1 January 2016 / 1 January 2017

42


South Africa


» The South African Regulations currently do not make any explicit reference to the

Master File and Local File transfer pricing documentation approach recommended

by the OECD as part of Action Plan 13.

» There is an intention to implement the Master File concept in the near future.

» There are however separate additional transfer pricing documentation

requirements (similar to the Master File concept) in place already.

» The CbCR according to BEPS Action 13 is already implemented since

1 January 2016.

» Requirement: Annual consolidated group revenue of at least 10 billion Rand

or 750 million Euro

» Deadline for preparing the CbCR: Within 12 months after the end of the

reporting financial year of the MNE

» Penalties: Not specified yet but normal penalty rules apply (in terms of Tax

Administration Act)


» Any Constituent Entity of an MNE group that is resident for tax purposes

in South Africa must notify SARS if it is the Ultimate Parent Entity or the

Surrogate Parent Entity, no later than 12 months after the last day of the

Reporting Fiscal Year of such MNE

» Where the Constituent Entity is not the Ultimate Parent Entity nor the

Surrogate Parent Entity, it must notify SARS of the identity and tax residence

of the Reporting Entity, no later than 12 months after the last day of the

Reporting Fiscal Year of such MNE group

» South Africa is a signatory of the Multilateral Competent Authority Agreement



43

Spain



» The Master File and Local File have been partially implemented pursuant to

BEPS Action 13.

» Compliance degree with BEPS Action 13: Some local requirements differ from

those established in Action 13. The new regulations replaced the previous local

requirements.

» Filing threshold: Annual consolidated group revenue of at least 45 million Euro

as of fiscal year 2016.

» Deadline for preparing the Master File and Local File: Within 6 months and 25

days after the end of the fiscal year.

» Submission deadline after request: The documentation should be at the Tax

Authorities’ disposal. Therefore, either immediate delivery or on date set by

the Tax Authority.

» Penalties:

» A fixed amount of 1.000 Euro / data and 10.000 Euro / group of data up

to a maximum amount of the lesser of 10 % of all transactions or 1 %

of turnover for incomplete documentation (lack of submission, incomplete

submission or submission containing false information).

» In case of TP adjustments with incomplete documentation, a penalty of

15 % of the adjusted amount will be imposed.

» Duty of notification: Information on related party transactions in the tax return

(”Modelo 200”).

» CbCR is implemented in Spain for financial years on or after the 1 January 2016.

» Threshold: Annual consolidated group revenue of at least 750 million Euro.

» Submission deadline: Within 12 months after end of the reporting fiscal year

» Penalties: No specific penalties. However, non-submission or those with incorrect

data will be sanctioned pursuant to General Tax Law.

» Duty of notification: All Spanish resident entities or PE's which form part of a

group with turnover in excess of 750 million Euro must notify before the end of

each fiscal year. A special tax form is available for this purpose.

» Spain is a signatory of the Multilateral Competent Authority Agreement on the


Effective for fiscal years beginning as of 1 January 2016 (partly as of 2015)

44


Sweden


» Sweden has had previous legislation on transfer pricing. New legislation was

introduced in order to implement the Master File concept pursuant to BEPS

Action 13. Legislation was also expanded to include Swedish partnerships, foreign

companies with a permanent establishment in Sweden and Swedish companies

with a permanent establishment abroad.


» > 250 employees and

» > 450 million Swedish Krona turnover or > 400 million Swedish Krona

balance sheet total

» Both of tests are applied to the preceding tax year in question

» Deadline for preparing the Master / Local File: Date of filing for corporate income

tax return, which is dependent on financial year. Filing not compulsory, but should

instead be submitted to the Swedish Tax Agency upon request.

» Submission deadline after request: Not established yet

» Penalties: Conditional fine for non-compliance with filing. Tax surcharge regarding

corporate income tax return.

» Duty of notification: No duty of notification is entailed in the present proposal,

but further instructions by the Swedish Tax Agency are to be issued.

» New legislation implementing CbCR

» Requirements: Ultimate parent companies of multinational groups, Swedish

subsidiaries if parent company obligated to file.

» Threshold: Annual consolidated group turnover of at least 7 billion

Swedish Krona.

» Submission deadline: 12 months after the end of the fiscal year

» Surrogate filing: Outlined in legislation

» Secondary filing: Outlined in legislation

» Penalties: Conditional fine for non-compliance with filing report


» Yes, before end of fiscal year.

» For fiscal years starting after 31 December 2015 and ending before

1 April 2017 notification should be given before 30 April 2017

» Sweden is a signatory of the Multilateral Competent Authority Agreement on


Obligation to prepare for fiscal years beginning in 2017 From 1 January 2016

45

Switzerland



» Switzerland has currently shown the intention to implement the Master File

concept.

» As was the case before BEPS, there will be most likely no formal law implemented,

but only a general reference in a circular letter to the OECD Transfer Pricing

Guidelines. There is no further information regarding this issue available currently.

» Implementation expected for fiscal years from 1 January 2018 onwards.

» Requirement: Annual consolidated group revenue of at least 900 million Swiss Franc.

» Submission deadline:

» Within 12 months after the conclusion of the reporting fiscal year

» A Swiss ultimate holding company may voluntarily submit the CbCR

before 2018

» Notification: Until 31 December of the respective reporting period



» Penalties: Up to 250.000 Swiss Franc

» Duty of notification: By the end of the fiscal year from 2018 onwards

» Switzerland is a signatory of the Multilateral Competent Authority Agreement on


Expected to be effective for fiscal years from 1 January 2018

46


Thailand


» There are no plans at present for implementation of the OECD Master File concept

into local law.

» Even a local law on TP documentation filing requirements in Thailand has not yet

been enacted. A draft law has been in discussion since the middle of 2015.

» To date, there are no plans for implementation of the CbCR requirements

according to BEPS Action 13 into local law.

» Thailand is not yet a signatory of the Multilateral Competent Authority Agreement


47

Turkey



» On March 2016 the Turkish Tax Administration announced a new Draft General Communiqué numbered 3 on Disguised Profit Distribution through Transfer Pricing.

As a result, Master File, Local File, and CbCR will be implemented by the end of 2017. However, the procedures will still take some time to be fully implemented and

it is unclear when the final regulations will come into force.

» Filing threshold: A Master File will be prepared by

corporate taxpayers whose assets and net turnover

are more than 250 million Turkish Lira

» Deadline for preparing the Master File: By the end

of the second month following the corporate tax

declaration submission date

» The Local File includes the preparation of three sets

of documents:

» Annual transfer pricing report,

» Transfer pricing form and

» New transaction based transfer pricing form


» Transfer pricing form will be prepared in case

of the total transaction volume is more than

30.000 Turkish Lira

» Turkish taxpayers whose assets and net

turnover exceed 100 million Turkish Lira will

prepare the new transaction based transfer

pricing form

» Requirements: The ultimate parent companies of

multinational groups whose annual consolidated

group revenue exceed 2,37 million Turkish Lira shall

prepare a CbCR

» Submission deadline: Within 12 months after the

conclusion of the reporting fiscal year

» Turkey is not yet a signatory of the Multilateral

Competent Authority Agreement on the Exchange of

CbC Reports (the ”MCAA CbC”).

Draft law available

48


Ukraine


» The Master File concept according to OECD’s BEPS Action 13 is not implemented

and is currently not expected.

» A Local File should be prepared according to requirements of Article 39 of Tax

Code of Ukraine that are broadly in line with BEPS Action 13.

» CbCR according to OECD’s BEPS Action 13 is not implemented and is currently

not expected.

» Ukraine is not yet a signatory of the Multilateral Competent Authority Agreement


49




» The Master File, Local File and CbCR according to OECD’s BEPS Action 13 is not implemented and is currently not expected.

» UAE is not yet a signatory of the Multilateral Competent Authority Agreement on the Exchange of CbC Reports (the ”MCAA CbC”).

50


» Although there has been no legislation published by the UK parliament, the

OECD-Guidelines with respect to the documentation are generally followed.

» At time, it is expected that the Master File concept will be implemented in the

near future.

» CbCR according to OECD’s BEPS Action 13 is implemented.



fiscal year



» Penalties: Noncompliance with CbCR (300 Pound - 3.000 Pound)

» Duty of notification: Within 12 months after the conclusion of the reporting

fiscal year

» Form of notification: Not yet announced, probably via the filing of the

electronic return

» The UK is a signatory of the Multilateral Competent Authority Agreement



United Kingdom


51


USA


» There are no plans at present for a formal implementation of the OECD master

file concept since equivalent concepts are already present in existing tax law.

» CbCR according to OECD’s BEPS Action 13 is implemented.

» Requirement:

» Annual consolidated group revenue of at least 850 million US-Dollar

» Only applicable to US-parented multinational enterprise (MNE) groups

» Submission deadline: CbCR has to be filed on or before the due date for the

annual tax return

» Surrogate filing: Has not been implemented

» Penalties: Noncompliance with CbCR (10.000 US-Dollar - 50.000 US-Dollar)

» The USA is a signatory of the Multilateral Competent Authority Agreement on


Effective for fiscal years beginning on or after 30 June 2016

52

Vietnam



» The recommendations of the OECD‘s BEPS Action Plan 13 are essentially followed and is transposed into

national law under Art.10 Nr. 4a, b and annexed forms 2-4.

» Legal basis: Decree 20 / 2017 / ND_CP of 24 February 2017 (becomes effective as from 1 May 2017) – ”Guiding

transfer pricing administration to combat transfer pricing and loss of tax revenue to the state budget”

» Filing obligation: Every Vietnamese CIT payer having related party transactions

» Submission deadline: Prepare before submission date of annual tax return

» Submission deadline upon request: Within 30 working days; option of single extension of 15 days from expiry

date, stating the reasons the extension is necessary

» Exemptions from obligation to prepare transfer pricing documentation (but not the other TP regulations) include:

» Turnover below 50 billion Dong and total value of all related party transactions below 30 billion Dong

in a tax period

» Taxpayer signed APA and submits annual APA report(s)

» Turnover of less 200 billion Dong and taxpayer performs business with simple functions and applies

the following ratios of earning before interest and tax to turnover on the following respective business

activities: Distribution 5 %, production 10 %, processing 15 %

» CbCR according to OECD’s BEPS Action 13 is

implemented (Art. 10 Nr. 4c).

» Requirement: Annual consolidated group revenue

of at least 18.000 billion Dong or if ultimate parent

company is also obliged to prepare and present

a CbCR

» Submission deadline: Preparation before submission

date of annual tax return

» Vietnam is not yet a signatory of the Multilateral

Competent Authority Agreement on the Exchange

of CbC Reports (the ”MCAA CbC”).

Effective for fiscal years beginning on or after 2017

53

Country-by-Country Reporting

Notification requirements in selected countries

Countries Duty of notification End of the reporting fiscal year In the subsequent fiscal year

Austria

Belarus

Brazil

Bulgaria

China

Croatia

Cyprus First year of implementation: 20 October 2017

Czech Republic First year of implementation: 30 September 2017

Estonia

Finland First year of implementation: latest until 31 May 2017

France

Georgia

Germany

Hungary

In accordance with BEPS Action 13, Annex IV to Chapter V Country-by-Country Reporting Implementation Package, Section 3, the respective countries require notifications

to be sent to the tax administration with regard to CbC Reporting. The aim of the notification is to identify the Reporting Entity of the MNE group and to provide this

information to the tax administration. Locally, there are differences when and how the notification has to be provided.

Some countries require a notification by the end of the fiscal year other countries demand the notification within the corporate income tax return in the subsequent

year of the reporting fiscal year.

The following table provides an overview whether or not a notification is required in the respective country and the due dates to file the notification.

Notification to the tax administration

54


Notification to the tax administration

Countries Duty of notification End of the reporting fiscal year In the subsequent fiscal year

India (specification outstanding) (specification outstanding)

Indonesia

Italy

Kazakhstan

Kenya

Latvia

Lithuania

Mexico

Netherlands First year of implementation: 1 September 2017

Poland (specification outstanding) (specification outstanding)

Romania (specification outstanding) (specification outstanding) (specification outstanding)

Russia (specification outstanding) (specification outstanding)

Serbia

Singapore

Slovakia

South Africa

Spain

Sweden First year of implementation: Until 31 April 2017

Switzerland

Thailand

Turkey

Ukraine


United Kingdom

USA

Vietnam

55


As of January 2017, there have been 57 countries that have signed the Multilateral Competent Authority agreement (“MCAA”) for the automatic exchange of Country-by-

Country (“CbC“) reports, as contemplated by Action 13 of the BEPS Action Plan.

The purpose of the MCAA CbC is to specify guidelines and rules that regulate the automatic exchange of CbCR prepared by the Reporting Entity of an MNE group and

the annual filing with the tax authorities of the jurisdiction of tax residence of that entity with the tax authorities of all jurisdictions in which the MNE group operates.

This exchange of information helps tax administrations obtain a complete understanding of how MNEs structure their operations, while also ensuring that the confidentiality

of such information is safeguarded. The exchange with jurisdictions which are not party to the MCAA CbC does not take place.

» Argentina

» Australia

» Austria

» Belgium

» Bermuda

» Brazil

» Canada

» Chile

» Costa Rica

» Curaçao

» Cyprus

» Czech Republic

» Denmark

» Estonia

» Finland

» France

» Gabon

» Georgia

» Germany

» Greece

» Guernsey

» Hungary

» Iceland

» India

» Indonesia

» Ireland

» Isle of Man

» Israel

» Italy

» Japan

» Jersey

» Korea

» Latvia

» Liechtenstein

» Lithuania

» Luxembourg

» Malaysia

» Malta

» Mauritius

» Mexico

» Netherlands

» New Zealand

» Nigeria

» Norway

» People's Republic of China

» Poland

» Portugal

» Russian Federation

» Senegal

» Slovak Republic

» Slovenia

» South Africa

» Spain

» Sweden

» Switzerland

» United Kingdom

» Uruguay

Countries that signed the MCAA on CbC

To date, the following countries have signed the MCAA on CbC:

56

As an integrated professional services firm, Rödl &

Partner is active at 108 wholly-owned locations in 50

countries. We owe our dynamic success in the service

lines audit, legal, management and IT consulting, tax

consulting as well as tax declaration and BPO to our

4,500 entrepreneurial minded partners and colleagues.

The history of Rödl & Partner goes back to its foundation

as a solo practice in 1977 in Nuremberg. Our aspiration

to be on hand wherever our internationally-active clients

are led to the establishment of our first, own offices,

commencing with Central and Eastern Europe in 1989.

Alongside market entry in Asia in 1994, the opening

of offices in further strategic locations followed, in

Western and Northern Europe in 1998, USA in 2000,

South America in 2005 and Africa in 2008.

Our success has always been based on the success

of our German clients: Rödl & Partner is always there

where its clients see the potential for their business

engagement. Rather than create an artificial network

of franchises or affiliates, we have chosen to set up

our own offices and rely on close, multidisciplinary

and cross-border collaboration among our colleagues.

As a result, Rödl & Partner stands for international

expertise from a single source.

Our conviction is driven by our entrepreneurial spirit

that we share with many, but especially German family-

owned companies. They appreciate personal service

and value an advisor they see eye to eye with.

Our ‘one face to the client’ approach sets us apart from

the rest. Our clients have a designated contact person

who ensures that the complete range of Rödl & Partner

services is optimally employed to the client’s benefit.

The ‘caretaker’ is always close at hand; they identify the

client’s needs and points to be resolved. The ‘caretaker’

is naturally also the main contact person in critical

situations.

We also stand out through our corporate philosophy

and client care, which is based on mutual trust and

long-term orientation. We rely on renowned specialists

who think in an interdisciplinary manner, since the

needs and projects of our clients cannot be separated

into individual professional disciplines. Our one-stop-

shop concept is based on a balance of expertise across

the individual service lines, combining them seamlessly

in multidisciplinary teams.

What sets us apart

Rödl & Partner is not a collection of accountants,

auditors, lawyers, management and tax consultants

working in parallel. We work together, closely

interlinked across all service lines. We think from a

market perspective, from a client’s perspective, where

a project team possesses all the capabilities to be

successful and to realise the client's goals.

Our interdisciplinary approach is not unique, nor is

our global reach or our particularly strong presence

among family businesses. It is the combination that

cannot be found anywhere else – a firm that is devoted

to comprehensively supporting German businesses,

wherever in the world they might be.

About us

57

Rödl & Partner worldwide

Active at more than 100 wholly-owned locations in 50 countries

58

Contact

Michael Scharf Certified Tax Consultant (Germany)

Partner

Phone: + 49 (911) 9193 – 10 70

E-Mail: [email protected]

Dr. Kai-Uwe Bandtel Attorney at Law (Germany), Certified Tax Consultant

(Germany), Specialist Attorney for Tax Law, Partner

Phone: + 49 (89) 92 87 80 – 560


59

Copyright:

2017 Rödl Rechtsanwaltsgesellschaft Steuerberatungsgesellschaft mbH. All rights reserved.

Information, illustrations and other contents of this publication may not be reproduced, copied, distributed,

processed, or otherwise used in any other way without the prior written permission of Rödl & Partner.

This publication was prepared with the utmost care possible. Nevertheless, no guarantee can be assumed for its accuracy,

completeness and actuality. Legal changes, as well as changes in the implementation practice that have taken place after the

editorial deadline (30.09.2014) could not be taken into account. The provided information is of a general nature and is not

to be treated as individually tailored advice nor as a substitute for it. No responsibility or liability can therefore be assumed for

decisions taken by the reader due to the information contained in this publication.

60

Rödl Rechtsanwaltsgesellschaft

Steuerberatungsgesellschaft mbH

Äußere Sulzbacher Straße 100

90491 Nürnberg

Phone.: + 49 (9 11) 91 93 – 0

Fax: + 49 (9 11) 91 93 – 19 00


www.roedl.com

”Each and every person counts“ – to the Castellers and to us.

Human towers symbolise in a unique way the Rödl & Partner corporate culture. They personify our philosophy of solidarity, balance, courage and team spirit. They stand for the growth that is based on own resources, the growth which has made Rödl & Partner the company we are today. ”Força, Equilibri, Valor i Seny“ (strength, equilibrium, valour and common sense) is the Catalan motto of all Castellers, describing their fundamental va-lues very accurately. It is to our liking and also reflects our mentality. Therefore Rödl & Partner embarked on a collaborative journey with the representatives of this long-standing tradition of human towers – Castellers de Barcelona – in May 2011. The association from Barcelona stands, among many other things, for this intangible cultural heritage.

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