UNITED NATIONS HANDBOOK ON SELECTED ISSUES FOR TAXATION OF THE EXTRACTIVE INDUSTRIES BY DEVELOPING COUNTRIES

The purpose of this chapter is to give an overview of some of the taxation issues for extractive industries in developing countries and the interactions between them, options available, and the likely effect of choosing such options in particular circumstances. This is intended to assist policy makers and administrators in developing countries as well as to provide information to other stakeholders. Background contained in this chapter will provide a broader context for viewing the overall issue of natural resource development and the specific issues addressed in more detail in additional chapters. The work covered by this and each of the additional specific-issue chapters stems from a mandate given by the United Nations Tax Committee to the Subcommittee on Extractives Industries Taxation Issues for Developing Countries to consider, report on and propose guidance on extractive industries taxation issues for developing countries, focusing on the most pressing issues where guidance from the Committee may most usefully assist developing countries. The work will seek to provide policy and administrative guidance at a very practical level. This chapter is intended to broadly identify issues of taxation of the extractive industries; address several of the most significant ones in short form; help build awareness; and, ultimately, along with the additional specific-issue chapters, assist those faced with these issues to make policy and administrative decisions in relation to them.

OECD (2017) – FIGHTING TAX CRIME: THE TEN GLOBAL PRINCIPLES

OECD (2017) – FIGHTING TAX CRIME: THE TEN GLOBAL PRINCIPLES. This is the first comprehensive guide to fighting tax crimes. It sets out ten global principles, covering the legal, strategic, administrative and operational aspects of addressing tax crimes. The guide has been prepared by the OECD Task Force on Tax Crimes and Other Crimes (TFTC). It draws on the experience of the members of the TFTC as well as additional survey data provided by 31 jurisdictions: Australia, Austria, Brazil, Canada, Czech Republic, Denmark, El Salvador, Finland, France, Georgia, Germany, Greece, Iceland, Indonesia, Italy, Japan, Lithuania, Luxembourg, Malaysia, the Netherlands, New Zealand, Norway, Singapore, Slovak Republic, Slovenia, South Africa, Spain, Sweden, Switzerland, the United Kingdom and the United States. The guide shows that the fight against tax crime is being actively pursued by governments around the world. Jurisdictions have comprehensive laws that criminalise tax offences, and the ability to apply strong penalties, including lengthy prison sentences, substantial fines, asset forfeiture and a range of alternative sanctions. Jurisdictions generally have a wide range of investigative and enforcement powers as well as access to relevant data and intelligence. Suspects’ rights are nearly universally understood in the same way and enshrined in law. Increasingly, jurisdictions are taking a strategic approach to addressing tax offences, which includes targeting key risks and leveraging the tools for co-operation with other law enforcement agencies, both domestically and internationally. At the same time, tax crime investigations increasingly need to be undertaken with greater efficiency and fewer resources. However, data shows that the investment is worthwhile, with some jurisdictions being able to calculate the return on investment from the criminal tax investigation teams and reporting recovery of funds well in excess of the expenditure, ranging from 150% to 1500% return on investment. The role played by criminal tax investigators thus contributes significantly to jurisdiction’s overall tax compliance efforts. The implementation of the 10 global principles around the world is critical in addressing the tax gap and supporting domestic resource mobilisation. Recommendations: This guide recommends that jurisdictions benchmark themselves against each of the ten global principles. This includes identifying areas where changes in law or operational aspects are needed, such as increasing the type of investigative or enforcement powers, expanding access to other government-held data, devising or updating the strategy for addressing tax offences, and taking greater efforts to measure the impact of the work they do. In particular, developing jurisdictions are encouraged to use the guide as a diagnostic tool to identify principles which may not yet be in place. Jurisdictions which have made commitments to capacity building for developing jurisdictions in tax matters (such as the Addis Tax Initiative or the G7 Bari Declaration) are recommended to consider how they can work with developing jurisdictions to enhance tax crime investigation based on this guide, including through providing support for the OECD International Academy for Tax Crime Investigation and other regional initiatives. The TFTC will continue its work in facilitating international co-operation on fighting tax crime, particularly on issues where multilateral action is required to address common challenges. This could also include collaborating to create an agreed strategy for addressing tax crimes that have cross-border elements. Such a strategy could include identifying the risks of such tax crimes, defining the additional data and other mechanisms that are needed to more effectively combat such tax crimes and working towards ensuring that data and mechanisms are available and efficient in practice.

OECD – BEPS ACTIONS 8 – 10. Financial transactions 3 July- 7 September 2018

OECD – BEPS ACTIONS 8 – 10. Financial transactions. 3 July- 7 September 2018:  Under the mandate of the Report on Actions 8-10 of the BEPS Action Plan (“Aligning Transfer Pricing Outcomes with Value Creation”), Working Party No. 6 (“WP6”) has produced a non-consensus discussion draft on financial transactions. The first part of the discussion draft provides guidance on the application of the principles contained in Section D.1 of Chapter I of the Transfer Pricing Guidelines to financial transactions. In particular, Section B.1 of the discussion draft elaborates on how the accurate delineation analysis under Chapter I applies to the capital structure of an MNE within an MNE group. The discussion draft clarifies that the guidance included in this section does not prevent countries from implementing approaches to address capital structure and interest deductibility under their domestic legislation. Section B.2 outlines the economically relevant characteristics that inform the analysis of the terms and conditions of financial transactions. The second part of the discussion draft, contained in sections C, D and E, addresses specific issues related to the pricing of financial transactions such as treasury function, intra-group loans, cash pooling, hedging, guarantees and captive insurance. The discussion draft also includes a number of questions to commentators on which inputs from stakeholders will be particularly relevant to WP6 to further its work and prepare another discussion draft after considering the input received. Interested parties are invited to send their comments on this discussion draft, and to respond to the specific questions included in the boxes, by 7 September 2018 by email to [email protected] in Word format (in order to facilitate their distribution to government officials). Comments in excess of ten pages should attach an executive summary limited to two pages. Comments should be addressed to the Tax Treaties, Transfer Pricing and Financial Transactions Division, OECD/CTPA. Please note that all comments received on this discussion draft will be made publicly available. Comments submitted in the name of a collective “grouping” or “coalition”, or by any person submitting comments on behalf of another person or group of persons, should identify all enterprises or individuals who are members of that collective group, or the person(s) on whose behalf the commentator(s) are acting. The proposals included in this discussion draft do not, at this stage, represent the consensus views of the CFA or its subsidiary bodies but are intended to provide stakeholders with substantive proposals for analysis and comment. Introduction. 1. The purpose of the following sections is to provide guidance for determining whether the conditions of certain financial transactions between associated enterprises are consistent with the arm’s length principle. 2. Section B describes the application of the principles of Section D.1 of Chapter I to financial transactions. Section C provides guidance on determining the arm’s length conditions for treasury activities, including intra-group loans, cash pooling and hedging. Section D examines financial guarantees, and section E outlines the analysis of captive insurance companies.

OECD – CONSTRUCTING THE GLOBAL REVENUE STATISTICS DATABASE

Technical paper, 28 June 2018. The Global Revenue Statistics Database covers the countries and data from four Revenue Statistics publications, which are each published on an annual basis. These publications are produced to focus on domestic resource mobilisation in each of the four groups of countries. Box 1 provides further information about the individual publications and the regional partners involved in each. The four publications use the same classification system and methodology, as set out in the OECD Interpretative Guide (OECD, 2016). This technical paper provides a brief overview of the methodology used in the underlying regional and OECD databases to produce the four annual publications and the Global Revenue Statistics Database. Data collection, classification and sources The new Global Revenue Statistics Database covers 80 countries from around the world from 1990 to 2015. It draws on the four annual Revenue Statistics publications and includes 16 African countries, seven Asian countries, 25 countries from Latin America and the Caribbean (LAC) and 35 OECD countries plus one non-OECD EU member (Lithuania) . Additionally, three unweighted country group averages are provided: the Africa (16) average, the LAC average and the OECD average. The OECD Interpretative Guide: definitions & tax classification All data in the Global Revenue Statistics Database are classified using the OECD classification of taxes set out in the Interpretative Guide. This ensures consistency across the countries included in the publication and provides a high granularity of tax revenue categories. The classification of tax revenues set out in the OECD Interpretative Guide has been in use since the 1970s and is an international reference for policy makers, academics and researchers.

OECD – Revised Guidance on the Application of the Transactional Profit Split Method

Revised Guidance on the Application of the Transactional Profit Split Method. INCLUSIVE FRAMEWORK ON BEPS: ACTIONS 10.  The guidance set out in this report responds to the mandate under Action 10 of the BEPS Action Plan, which required the development of: “… rules to prevent BEPS by engaging in transactions which would not, or would only very rarely, occur between third parties. This will involve adopting transfer pricing rules or special measures to: … (ii) clarify the application of transfer pricing methods, in particular profit splits, in the context of global value chains;…” The OECD Transfer Pricing Guidelines have included guidance on the transactional profit split method since their first iteration in 1995. Since the revision to the Guidelines in 2010, the transactional profit split method has been applicable where it is found to be the most appropriate method to the case at hand. This basic premise is unchanged. However, this revised guidance, while not being prescriptive, clarifies and significantly expands the guidance on when a profit split method may be the most appropriate method. It describes presence of one or more of the following indicators as being relevant: Each party makes unique and valuable contributions; The business operations are highly integrated such that the contributions of the parties cannot be reliably evaluated in isolation from each other; The parties share the assumption of economically significant risks, or separately assume closely related risks. The guidance makes clear that while a lack of comparables is, by itself, insufficient to warrant the use of the profit split method, if, conversely, reliable comparables are available it is unlikely that the method will be the most appropriate. The revised text also expands the guidance on how the profit split method should be applied, including determining the relevant profits to be split, and appropriate profit splitting factors. Sixteen examples are included in the revised guidance to illustrate the principles discussed in the text, and demonstrate how the method might be applied in practice. These will be included in Annex II to Chapter II of the Guidelines. June 2018.

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

Guidance for Tax Administrations on the Application of the Approach to Hard-to-Value Intangibles INCLUSIVE FRAMEWORK ON BEPS: ACTION 8. Action 8 of the Action Plan on Base Erosion and Profit Shifting mandated the development of transfer pricing rules or special measures for transfers of hard-to-value intangibles (HTVI) aimed at preventing base erosion and profit shifting by moving intangibles among group members. The outcome of that work is the approach to hard-to-value intangibles, which is found in the 2015 Final Report for Actions 8-10, “Aligning Transfer Pricing Outcomes with Value Creation” (BEPS TP Report) and it was formally incorporated into the Transfer Pricing Guidelines, as Section D.4 of Chapter VI. The HTVI approach protects tax administrations from the negative effects of information asymmetry by ensuring that tax administrations can consider ex post outcomes as presumptive evidence about the appropriateness of the ex-ante pricing arrangements. At the same time, the taxpayer has the possibility to rebut such presumptive evidence by demonstrating the reliability of the information supporting the pricing methodology adopted at the time the controlled transaction took place. The BEPS TP Report also mandated the development of guidance for tax administrations on the application of the HTVI approach. Under this mandate, the Committee on Fiscal Affairs issued a public discussion draft in May 2017, inviting interested parties to submit comments on the proposed guidance for tax administration on the application of the HTVI approach. The guidance contained in this report aims at reaching a common understanding and practice among tax administrations on how to apply adjustments resulting from the application of the HTVI approach. This guidance should improve consistency and reduce the risk of economic double taxation. In particular, the new guidance: · Presents the principles that should underlie the application of the HTVI approach by tax administrations; · Provides a number of examples clarifying the application of the HTVI approach in different scenarios; and · Addresses the interaction between the HTVI approach and the access to the mutual agreement procedure under the applicable tax treaty. The guidance for tax administration on the application of the HTVI approach contained in this document has been incorporated into the Transfer Pricing Guidelines as an annex to Chapter VI. June 2018.

TAX ADMINISTRATION IN OECD AND SELECTED NON-OECD COUNTRIES

TAX ADMINISTRATION IN OECD AND SELECTED NON-OECD COUNTRIES: Comparative Information Series (2010). This series describes key features of the systems in place for administering national taxes in OECD and selected non-OECD countries. Its starting point is the premise that revenue bodies can be better informed and work more effectively together given a broad understanding of the administrative context in which each operates. The series identifies fundamental elements of modern tax administration systems and uses data, analysis and country examples to highlight key trends, recent innovations, and examples of good practice and performance measures/ indicators. Armed with such knowledge, revenue bodies should be better equipped to undertake their own comparative analyses and benchmarking studies, particularly for performance-related aspects and for assessing comparative efficiency. The series is structured as follows: · Chapter one describes the institutional arrangements put in place by Governments to conduct national revenue administration operations. · Chapter two outlines the organisational set-ups adopted by revenue bodies and identifies important reforms recently implemented, in course of adoption, or planned. · Chapter three provides brief information on revenue body practices for specific aspects of strategic management. · Chapter four provides an overview of human resource management aspects. · Chapter five provides summary data and analyses (covering multi-years) of the resources allocated to revenue bodies to administer national tax laws. · Chapter six sets out summary operational performance data (covering multiyears) for key areas of administration (e.g. service, verification and debt collection). · Chapter seven identifies developments with the provision of modern electronic services to assist taxpayers meet their obligations. · Chapter eight provides an overview of the legal/administrative frameworks employed for tax collection including: taxpayers‘ rights; provision of rulings; return filing, tax payment and assessment (major taxes); and enforced debt. A number of the more important observations and trends observed are set out hereunder.

Tax Challenges Arising from Digitalisation – Interim Report 2018. Inclusive Framework on BEPS

This interim report of the OECD/G20 Inclusive Framework on BEPS is a follow-up to the work delivered in 2015 under Action 1 of the BEPS Project on addressing the tax challenges of the digital economy. It sets out the Inclusive Framework’s agreed direction of work on digitalisation and the international tax rules through to 2020. It describes how digitalisation is also affecting other areas of the tax system, providing tax authorities with new tools that are translating into improvements in taxpayer services, improving the efficiency of tax collection and detecting tax evasion.

PROGRAM TO ADRESS BEPS IN MINING. LIMITING THE IMPACT OF EXCESSIVE INTEREST DEDUCTION ON MINING REVENUES. CONSULTATION DRAFT

This practice note has been prepared under a programme of cooperation between the Organisation for Economic Co-operation and Development (OECD) Centre for Tax Policy and Administration Secretariat and the Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development (IGF), as part of a wider effort to address some of the challenges developing countries are facing in raising revenue from their mining sectors. It complements action by the Platform for Collaboration on Tax and others to produce toolkits on top priority tax issues facing developing countries. It reflects a broad consensus between the OECD and IGF, but should not be regarded as the officially endorsed view of either organization or of their member countries. The lead organisation for this practice note was the OECD. It is currently a consultation draft.

OECD – Public comments received on misuse of residence by investment schemes to circumvent the Common Reporting Standard

On 19 February 2018, interested parties were invited to provide comments on a consultation document on misuse of residence by investment schemes to circumvent the Common Reporting Standard. The consultation document assessed how these schemes are used in an attempt to circumvent the CRS; identified the types of schemes that present a high risk of abuse; reminded stakeholders of the importance of correctly applying relevant CRS due diligence procedures in order to help prevent such abuse; and explained next steps the OECD will undertake to further address the issue, assisted by public input.