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

There is a shocking discrepancy between professional services firms’ parental leave packages. Those that fail to get with the times risk losing out in the war for talent
Winston Taylor is expected to launch in May 2026 with more than 1,400 lawyers across the US, UK, Europe, Latin America and the Middle East
They are alleging that leaked tax information ‘unfairly tarnished’ their business operations; in other news, Davis Polk and Eversheds Sutherland made key tax hires
Overall revenues for the combined UK and Swiss firm inched up 2% to £3.6 billion despite a ‘challenging market’
In the first of a two-part series, experts from Khaitan & Co dissect a highly anticipated Indian Supreme Court ruling that marks a decisive shift in India’s international tax jurisprudence
The OECD profile signals Brazil is no longer a jurisdiction where TP can be treated as a mechanical compliance exercise, one expert suggests, though another highlights 'significant concerns'
Libya’s often-overlooked stamp duty can halt payments and freeze contracts, making this quiet tax a decisive hurdle for foreign investors to clear, writes Salaheddin El Busefi
Eugena Cerny shares hard-earned lessons from tax automation projects and explains how to navigate internal roadblocks and miscommunications
The Clifford Chance and Hyatt cases collectively confirm a fundamental principle of international tax law: permanent establishment is a concept based on physical and territorial presence
Australian government minister Andrew Leigh reflects on the fallout of the scandal three years on and looks ahead to regulatory changes
Gift this article