On October 20, 2016 the OECD launched the global review of Mutual Agreement Procedures (MAP) programmes by releasing key documents, approved by the Inclusive Framework on BEPS, that will form the basis of the Mutual Agreement Procedure peer review and monitoring process under Action 14 of the BEPS Action Plan. (For further information we refer to our article of October 20, 2016). The peer review and monitoring process will be conducted by the Forum on Tax Administration MAP Forum (FTA MAP FORUM), with all members participating on an equal footing.
On October 31, 2016 the OECD subsequently released an Assessment Schedule for Stage 1 Peer Reviews. The peer reviews are being conducted in batches. (Click here to be forwarded to the Assessment Schedule for Stage 1 Peer Reviews as released by the OECD on October 31, 2016.)
During the first batch, which commenced in December 2016, peer reviews of the MAP programmes of Belgium, Canada, the Netherlands, Switzerland, the United Kingdom and the United States were being conducted. The OECD released the stage 1 peer review reports of these jurisdictions on September 26, 2017 (Links to these stage 1 peer review reports can be found in our article of September 26, 2017).
During the second batch, which commenced in April 2017, peer reviews of the MAP programmes of Austria, France, Germany, Italy, Liechtenstein, Luxembourg and Sweden were being conducted.
During the third batch, which commenced in August 2017, peer reviews of the MAP programmes of Czech Republic, Denmark, Finland, Korea, Norway, Poland, Singapore and Spain are being conducted.
A fourth batch of peer reviews, is supposed to commence in December 2017. During this fourth batch peer reviews of the MAP programmes of Australia, Ireland, Israel, Japan, Malta, Mexico, New Zealand and Portugal will be conducted.
In preparation for this fourth batch of reviews and in recognition of the fact that taxpayers are the main users of the MAP, the FTA MAP Forum invites taxpayers to provide input on specific areas. In this respect the OECD has released a Questionnaire for taxpayers concerning MAP experiences regarding a specific country that is being assessed. The OECD is looking for input on each of the jurisdictions that are part of the fourth batch. Input has to be provided for each separate country via a so-called taxpayer input questionnaire. The questionnaire comes in the form of a downloadable Word-document.
The questionnaire contains three areas for which the OECD is asking input:
· Access to MAP
· Clarity and Availability of MAP Guidance
· Implementation of MAP Agreements
Click here to download the taxpayer input questionnaire from the OECD website.
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