BEPS: The endgame

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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 & bottom lb ros

More from across our site

Baker McKenzie’s survey of 600 corporate counsel also found that global employee mobility issues were a key driver of tax controversy
Ken Kies has been named as assistant secretary for tax policy; in other news, Baker McKenzie has boosted its US tax practice with a double hire
The increasing sophistication of India’s taxation system has led to complexity across tax treaty benefits, permanent establishments, transfer pricing and more, say Sanjay Sanghvi and Ujjval Gangwal of Khaitan & Co
Multinationals will continue to shift profits out of Slovakia to EU member states despite pillar two’s implementation, according to the report
The firm’s final report outlined new mandatory staff training designed to enhance ethical conduct; meanwhile former PwC Australia partner Wayne Plummer has been cleared of wrongdoing
Goods and services key to Africa’s tax revenue; electronic exemptions come to Europe; UK private school VAT challenge reaches High Court
The private client practice joining Withers comprises eight lawyers, three paralegals and additional staff members
Overall tax revenues grew by over 10% in 2024 when discounting the 'distorted' Apple payout, the Irish government said
Skatteforvaltningen is being represented by international law firm Hughes Hubbard in its efforts to reclaim monies related to an alleged long-running international fraud
SafeSend automates the ‘last mile’ of the tax return, according to Thomson Reuters; in other news, law firm White & Case has expanded its global tax practice in the US
Gift this article