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The OECD is seeking taxpayers' input on the mutual agreement procedure frameworks in place in the second batch of countries that will now be peer reviewed under Action 14 of the OECD's base erosion and profit shifting Action Plan.
The OECD's Action 14 proposals concern making dispute resolution mechanisms more effective. The MAP is used to settle disputes between countries and taxpayers concerning cross-border tax arrangements for trade and investment where double taxation of the same income occurs.
The MAP peer review and monitoring process under BEPS Action 14 was launched in December 2016, with the first peer reviews of frameworks in Belgium, Canada, the Netherlands, Switzerland, the UK, and the US underway. The peer review process is conducted in two stages: Stage 1 seeks to evaluate implementation of the Action 14 minimum standard for Inclusive Framework members and Stage 2 focuses on monitoring how countries respond to recommendations resulting from Stage 1.
The OECD is now gathering input for the Stage 1 peer reviews of Austria, France, Germany, Italy, Liechtenstein, Luxembourg, and Sweden. The OECD has asked taxpayers, as the main users of the MAP, to complete a questionnaire on specific issues.
The OECD has requested respondents to not discuss any technical issues relating to the application of a tax treaty provision in a specific case or in the agreement reached via competent authority discussion.
Responses to the questionnaire must be received by February 27, 2017. All responses will be shared with the assessed jurisdiction and all members of the Forum on Tax Administration MAP Forum.
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