BEPS: The endgame

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

BEPS: The endgame

The boldest initiative in transfer pricing history entered the homestretch in October 2015 with the release of the OECD's final report on its base erosion and profit shifting (BEPS) project. The reverberations are being felt across North America, Europe, Asia and beyond.

Multinational enterprises will soon need to provide tax authorities with details of almost every facet of their business through the master file, local file and country-by-country reports: key profit drivers, global value chains, transfer pricing policies for major services and intangibles, MNE financial statements, and more. Is there any doubt about who has the upper hand: taxpayers or tax authorities?

The objective of the OECD's plan is clear: combat aggressive profit-shifting strategies. BEPS was designed to ensure MNEs reveal profits in jurisdictions based on assets, risks and actual functions. It is unsurprising then, that BEPS is shaking up countries and companies.

While tax officials and legislators worldwide are moving quickly, many companies are moving cautiously. Some are concerned about how authorities will handle tax data. Others worry about confidentiality breaches or the risk of audits and double taxation But a sense of urgency is needed, otherwise, MNEs risk penalties, reputational risks and additional taxes.

In his candid assessment of the tension between taxpayers and tax authorities, Tae Hyung Kim, a partner at Deloitte Korea, explains what multinationals must consider and what they should fear.

Hendrik Blankenstein and Caterina Colling Russo of Tax Partner AG – Taxand Switzerland examine whether the newly introduced DEMPE analysis benefits MNEs and tax authorities, or whether it will just confuse matters and result in an increase of intangibles-related transfer pricing disputes.

Dale Hill, a partner at Gowling WLG in Canada, considers the application of BEPS guidelines to the transfer pricing aspects of intangibles and the impact on tax-motivated IP migration strategies. His insightful analysis encompasses both pre- and post-BEPS strategies.

Finally, questions remain about how much change the US is prepared to implement, but the OECD's recommendations are without doubt having an impact. David Forst and Larissa Neumann of Fenwick & West discuss US developments including the IRS and Treasury Department-issued 482 temporary regulations.

Caroline Byrne

Managing editor, TPWeek.com

more across site & shared bottom lb ros

More from across our site

Matthew Sharp, leader of London’s newest tax disputes team, shares the trials and tribulations of starting from scratch
Brazil appears to be adopting protocols to align national taxation with international standards, but recent changes are not immune from criticism, experts tell ITR
The US president did not have the authority to impose the tariffs, a court ruled; in other news, Fried Frank and Crowe Ireland made key tax hires
Pillar two considerations have become a fact of life for taxpayers everywhere, not least in Switzerland, where companies nonetheless continue to be active with investment
The Dutch TP software company’s co-founder tells ITR about speeding up documentation processes, following in Steve Jobs’s footsteps, and what makes tax cool
The ruling underscores the need for companies to provide robust and defensible valuations of intangible assets, one partner tells ITR
Pillar two is certain to be a game-changer for tax advisers and their clients. Russell Gammon of Tax Systems outlines 10 reasons why
Despite a general decline in corporate tax rates around the world, jurisdictions are now more reliant on it than in 1990, a Tax Foundation economist found
Australian law firm Webb Henderson’s report said PwC had met 46 of 47 targets; in other news, the OECD has issued new transfer pricing country profiles
The arrival of a seven-strong team from Baker McKenzie will boost WTS Germany’s transfer pricing capabilities and help it become ‘a European champion’, the firm’s CEO said
Gift this article