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OECD Releases First Stage 2 Monitoring Reports for BEPS Action 14 on Improving Tax Dispute Resolution Mechanisms

On 13 August 2019, the OECD announced the release of the first stage 2 monitoring reports for BEPS Action 14 on improving tax dispute resolution mechanisms.

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13/08/2019 – The work on BEPS Action 14 continues with today's publication of the first round of stage 2 peer review monitoring reports, which consists of monitoring the follow-up of any recommendations resulting from jurisdictions' stage 1 peer review reports.

The stage 2 monitoring reports for Belgium, Canada, the Netherlands, Switzerland, United Kingdom and the United States evaluate the progress made by these six jurisdictions. The results thus far demonstrate positive change across all six jurisdictions. To highlight a few noteworthy examples:

  • Some jurisdictions have updated or clarified issues in their MAP guidance
  • All jurisdictions that had not already done so have introduced documented internal guidance to provide for a notification or bilateral consultation process with the other competent authority concerned in cases where an objection is considered as being not justified
  • In some jurisdictions, more personnel was provided to the competent authority function and organisational changes were implemented or have been initiated with a view to handle MAP cases in a more timely, effective and efficient manner
  • Each of the six jurisdictions decreased (or maintained) the amount of time needed to close MAP cases and five of the six jurisdictions met the sought-after 24-month average timeframe to close MAP cases
  • The Multilateral Instrument was utilised by almost all jurisdictions to bring some of these treaties in line with the standard and bilateral negotiations were concluded (or are ongoing) for most jurisdictions.

Further progress on making dispute resolutions more timely, effective and efficient will become known as other stage 2 monitoring reports are published. In the meantime, the OECD will continue to publish stage 1 peer review reports in accordance with the Action 14 peer review assessment schedule. The publication of the sixth batch of Action 14 peer reviews is forthcoming.

More on the BEPS Action 14 peer review and monitoring process.

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