BEPS: The endgame

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

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

The ever-expansive firm has once again attracted a former ‘big four’ talent to lead the new offering
The amended double taxation avoidance agreement removes France’s most favoured nation status for tax treaty benefits
The levies extended beyond the president’s ‘legitimate reach’, the Supreme Court ruled
While Brazil’s consumption tax overhaul led to a short-term spike in tax advisory demand, we are now in a period of ‘normalisation’ marked by decreased recruitment
The expanded firm will comprise roughly 8,500 employees, including 550 partners; in other news, Paul Hastings and Macfarlanes made senior tax hires
Meanwhile, one expert highlights the importance of separating Venezuela’s tax authority from direct political control after ‘lost decades and isolation’
With PMK 108, Indonesia has upgraded its tax transparency regime for the digital era, focusing on data quality, governance, and cross border exchange rather than expanding regulatory reach
In a popular LinkedIn post, Jeremie Beitel encouraged firms to invest in junior talent even if it doesn’t lead to their loyalty, though recruiters offered ITR a mixed assessment
Advisers who do not register for the new regime in time could be prevented from interacting with HMRC, the tax authority said
Valid pillar two objectives are still intact after the side-by-side agreement, but whether the framework is now settled is ‘a $64,000 question’, Morrison Foerster’s tax chair told ITR
Gift this article