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23 October 2020

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OECD Releases Stage 2 Peer Review Reports on Dispute Resolution for the Czech Republic, Denmark, Finland, Korea, Norway, Poland, Singapore, and Spain

The OECD has announced the release of the stage 2 peer review reports on dispute resolution under BEPS Action 14 for the Czech Republic, Denmark, Finland, Korea, Norway, Poland, Singapore, and Spain.

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Making tax dispute resolution more effective: New peer review assessments for Czech Republic, Denmark, Finland, Korea, Norway, Poland, Singapore, and Spain

22/10/2020 - Under BEPS Action 14, jurisdictions have committed to implement a minimum standard to improve the resolution of tax-related disputes between jurisdictions. Despite the significant disruption caused by the COVID-19 pandemic and the necessity to hold all meetings virtually, work has continued with the release today of the stage 2 peer review monitoring reports for Czech Republic, Denmark, Finland, Korea, Norway, Poland, Singapore and Spain.

These reports evaluate the progress made by these eight jurisdictions in batch 3, in implementing any recommendations resulting from jurisdictions' stage 1 peer review reports. The stage 2 monitoring takes into account any developments in the period 1 August 2017 – 28 February 2019 and the MAP statistics are based on years 2016, 2017 and 2018.

The results from the peer review and peer monitoring process demonstrate positive changes across all eight jurisdictions, although not all show the same level of progress. Highlights include:

  • The Multilateral Instrument was signed by all eight jurisdictions and has already been ratified by five of them, which brings a substantial number of their treaties in line with the standard. In addition, there are bilateral negotiations either ongoing or concluded.
  • Denmark, Finland, Korea, Norway, Poland, Singapore and Spain now have a documented notification/bilateral consultation process to be applied in cases where an objection is considered as being not justified by their competent authority.
  • All jurisdictions have added more personnel to the competent authority function and/or made organisational improvements with a view to handle MAP cases in a more timely, effective and efficient manner.
  • Denmark, Finland, Korea, Norway, Singapore and Spain decreased the amount of time needed to close MAP cases.
  • Singapore introduced legislative changes to ensure that all MAP agreements can be implemented notwithstanding domestic time limits if the treaty does not provide for it, while in five of the other seven jurisdictions this is already the case.
  • Denmark, Finland, Korea, Norway and Singapore have issued or updated their MAP guidance.

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 tenth batch of Action 14 peer reviews is forthcoming.

More on the BEPS Action 14 peer review and monitoring process

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