Taxpayers’ concern about commercial sensitivity discussed at OECD public consultation on transfer pricing

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Taxpayers’ concern about commercial sensitivity discussed at OECD public consultation on transfer pricing

Commercial sensitivity has been the focus of the morning’s discussion at the OECD’s Public Consultation on Transfer Pricing Documentation and Country-by-Country Reporting (CbCR).

Taxpayers around the table are concerned that unnecessary information will be demanded that could then be misused and made public to competitors.

The BEPS documentation requirement generating the most concern is the master file, which taxpayers feel asks for unnecessary and irrelevant information such as number of employees, business models and profit splits.

 “The information from each MNC will not be identical and therefore can be construed differently,” said Catherine Schultz of the National Foreign Trade Council. “This could result in the information provided being looked at negatively.” Eurodad, a non-government organisation for developing countries, stressed the need to define commercial sensitivity and to ensure that there is no confusion being made with trade secrets.

“We can’t keep the public in the dark. The information being presented is in the public interest,” The Eurodad spokeswoman said. She added that there is too much emphasis on confidentiality, which is facilitating tax evasion in developing countries.

While much was said about the topic of commercial sensitivity it is clear that it will be some time before the OECD can expect unanimous approval.

Differences were emphasised between something that is commercially sensitive and data that is confidential.

The Eurodad spokeswoman said that profit shifting in general is commercially sensitive but this information is usually in the public interest and should not be confused when defining what would be commercially confidential in any CbCR guidelines.





more across site & shared bottom lb ros

More from across our site

ITR’s survey data reveals widespread client disappointment with firms’ use of technology but our upcoming AI in Tax event offers advisers a chance to flip the script
Firms announced key tax partner hires across the US and UK, while fintech and software providers revealed board appointments and new tools for multinational tax teams
It continues a prolific spree of investment for the firm, after it launched in Indonesia, Thailand, Saudi Arabia and Japan in 2025
Booming APA statistics reflect the growing credibility of India’s TP framework and the country’s shift toward a tax certainty approach, ITR has heard
Partners at both firms have voted in favour of the tie-up, which marks ‘the largest law firm merger in history’
The latest edition of Taxing Times with ITR covers all the controversy from a dramatic period for the carve-out deal, and also dissects the big four's AI strategies
Hany Elnaggar examines how the OECD’s global minimum tax is reshaping PE concepts across the GCC, shifting the focus from formal presence to substantive economic activity
The combination between Ashurst and Perkins Coie, which will create a $2.8 bn law firm, is expected to close in Q3
The ‘highly regarded’ Stephanie Pantelidaki, who has big four experience, will be based in the firm’s London office
A co-operative working relationship with the UK tax agency has helped 'unblock entrenched positions' to the benefit of clients, Kara Heggs tells ITR
Gift this article