The European Direct Tax Committee covers income-based tax aspects of European operations, including tax treaty matters, and develops the Institute’s positions and submissions to taxing authorities in European countries, as well as the European Union and OECD.
TEI Participates in IRS Country-by-Country Association Roundtable
On January 12, 2017, TEI Executive Director Eli Dicker and Tax Counsel Benjamin Shreck participated in a roundtable discussion of the IRS’s administration of country-by-country (CbC) reporting. The discussion focused on the CbC forms, instructions and guidance, external communication and outreach, compliance and enforcement issues, as well as international exchange and use of CbC information.
TEI Participates in OECD BEPS Public Consultations
On October 11-12, 2016, TEI Tax Counsel Ben Shreck participated in the OECD’s Public Consultations regarding revised OECD guidance on the use of the profit split method for transfer pricing purposes and the attribution of profits to permanent establishments under the OECD’s BEPS Project. TEI’s planned intervention at the Consultation addressed profit split factors. It is expected that the OECD will issue final guidance on these two topics by the end of 2016.
TEI Comments on OECD Profit Split Guidance
On September 4, 2016, Tax Executives Institute, Inc., filed a letter with the OECD commenting on its public discussion draft regarding Revised Guidance on Profit Splits. The Institute's comments focused on the need for clear guidance regarding how the transaction profit split method of setting transfer prices should be applied in practice and the limited settings in which the method is appropriate.
TEI Comments on OECD PE Profit Attribution Draft
On September 2, 2016, Tax Executives Institute, Inc., submitted a letter to the OECD commenting on its July 4 public discussion draft regarding Additional Guidance on the Attribution of Profits to Permanent Establishments. The discussion draft consists of follow up guidance under Action 7 of the OECD’s base erosion and profit shifting (better known as BEPS) project.
TEI Comments on BEPS Multilateral Instrument
On June 29, 2016, TEI filed a comment letter with the OECD regarding its request for input on Development of a Multilateral Instrument to Implement the Tax Treaty related BEPS Measures under Action 15 of the OECD’s base erosion and profit shifting (BEPS) project.
TEI Comments on Proposed UK Tax Strategy Publication Requirement
On February 2, 2016, Tax Executives Institute submitted comments with HM Revenue & Customs, the revenue authority in the United Kingdom, regarding a proposal in the UK government's Finance Bill 2016 to require certain large businesses with UK operations to publish a UK tax strategy. The Institute's comments recommend clarifying the definition of a "UK sub-group" and how multinational businesses that are not headquartered in the United Kingdom can comply with the publication requirement.
TEI Comments on EC Common Consolidated Corporate Tax Base Consultation
On January 7, 2016, Tax Executives Institute filed comments with the European Commission regarding the Commission's "re-launch" of its common consolidated corporate tax base (CCCTB) proposal.
TEI Comments on UK Large Business Compliance Consultation
On October 14, 2015, Tax Executives Institute filed comments with HM Revenue & Customs, the revenue authority in the United Kingdom, regarding its consultation on Improving Large Business Tax Compliance. The Institute's comments focused on the Consultation's proposal to require large businesses to publish a tax strategy specific to their operations in the United Kingdom and the potential development of a Code of Practice on Taxation for Large Business, that could be voluntarily signed by interested taxpayers.
TEI Comments on BEPS Hard-to-Value Intangibles Discussion Draft
On June 17, 2015, TEI submitted comments on the OECD revised discussion draft on BEPS Action 8: Hard-to-Value Intangibles. The Institute's comments focused on the need to limit the use of ex post information (hindsight) by tax authorities to price previous transfers of intangible assets as such information is not used in similar transactions between unrelated parties. The Institute noted, among other things, that use of hindsight would likely result in additional controversy and disputes between taxpayers and tax authorities.
TEI Comments on Revised OECD Treaty Abuse Discussion Draft
On June 16, 2015, TEI submitted comments on the OECD revised discussion draft on BEPS Action 6: Prevent Treaty Abuse. The Institute's comments focused on the need for certainty in the determination of when taxpayers will qualify for treaty benefits so businesses can plan their cross-border operations. TEI also noted, among other things, that the proposed changes to the OECD model tax convention will create taxation where none has previously existed, in contravention of the traditional purpose of tax treaties to eliminate double taxation and prevent tax evasion.