Transparenz und Informationsaustausch

1. S. 52Introduction

On 5 October 2015, the OECD released its Final Report on “Transfer Pricing Documentation and Country-by-Country Reporting” (BEPS Action 13). The report introduces a three-tiered standardized approach to transfer pricing documentation and replaces Chapter V of the OECD Transfer Pricing Guidelines (OECD TPG). Contrary to the previous Chapter V of the OECD TPG which did not provide for an extensive and detailed list of documents to be included in transfer pricing documentation, the new Chapter V requires selected MNEs to prepare a Master File, several Local Files, and a County-by-Country Report (CbCR). The concept of the Master File and Local File corresponds with the current best practice in many MNEs and was already introduced in 2006 in the EU by a resolution of the Council (“EU Code of Conduct on Transfer Pricing Documentation”) based on the work of the EU Joint Transfer Pricing Forum. The CbCR, however, is a relatively new form of documentation that should help tax administrations to obtain a more comprehensive representation of an MNE’s undertakings. The CbCR contains information about the global allocation of MNEs’ income and taxes paid together with certain indi...