2019-12-01

final report on action 5 of the OECD base erosion profit shifting (BEPS) project. Reinforcement and modification of the nexus approach: Although the State

The 2016 Finance Bill restricted the application of the patent box regime to copyrighted software, in line with the standards provided by Action BEPS MONITORING GROUP Response to Action 5: Harmful Tax Practices: Agreement on the Modified Nexus Approach This report is published by the BEPS Monitoring Group (BMG). The BMG is a group of experts on various aspects of international tax, set up by a number of civil society Action 5 of this Action Plan commits the Forum to: Revamp the work on harmful tax practices with a priority on (i) improving transparency, including compulsory spontaneous exchange on rulings related to preferential regimes, and (ii) requiring substantial activity for any preferential regime. Action Point 5: Transparenz und Substanz. In AP 5 einigten sich die Staaten auf die Anwendung des sog. Nexus Approach für bestimmte Vorzugsregime („preferential regimes“), wie z. B. Patent Boxen. Action 5 is the so called modified nexus approach (“MNA”).

This applies, for example, 2018-05-10 As mentioned above, most preferential IP regimes have been amended in line with BEPS Action 5, in particular by implementing the ‘nexus approach’. Under the ‘nexus approach’ a taxpayer that utilises the IP regime is obliged to ensure that, in order for a significant proportion of … The Action 5 Report placed a renewed focus on requiring substantial activity for any preferential regime, and the “nexus approach” is the substantial activity requirement developed for IP regimes. 2019-06-07 On 5 October 2015, the OECD released its final report on Action 5, Countering Harmful Tax Practices More Effectively, Taking into Account Transparency and Substance (the Action 5 Report) under its BEPS Action Plan. 1 The Action 5 Report covers two main areas: (i) the definition of a “substantial activity” criterion to be applied when determining whether tax regimes are harmful; and (ii additional guidance will be included in the next progress report on Action 5. Luxembourg’s example The Luxembourg Finance Minister has confirmed recently that Luxembourg, in response to the expected proposals by the OECD, will follow the “modified nexus approach” for the Luxembourg IP regime, as agreed under BEPS Action 5. Pursuant to Action 5 of the lan, the OECD published a document entitled Action 5: Agreement on Modified Nexus Approach for IP Regimes (hereinafter the Agreement), along with a one page “explanatory paper” requesting comments on the Agreement (the Paper).

BACKGROUND Many countries have introduced favorable tax regimes for income that is derived from ownership of intellectual property.

2015-07-20 · While the BEPS Action Plan reflects the need for countries to coordinate further to avoid such an outcome, the modified nexus approach simply confirms the futile notion of ‘competition’ on tax, locking in a race to the bottom. As the BEPS Monitoring Group noted presciently in February:

INTRODUCCIÓN El eje sobre el que pivota el Plan BEPS de la OCDE es la lucha coordinada entre los diferentes países contra el fraude y la planificación fiscal agresivade las empresas multinacionales. fore, the Final Report on Action 1 proposes to use a holistic approach in combi-nation with other Actions of the BEPS Package, in particular, Action 3 recom-mends defining Control Foreign Company (CFC) income to cover revenue from digital sales;28 Action 5 recommends adopting a modified ‘nexus approach’ based 3. BEPS Action 5 3.1.

On February 19, 2015, TEI submitted comments to the OECD’s Forum on Harmful Tax Practices regarding the modified nexus approach to preferential intellectual property tax regimes under BEPS Action 5.

I mitten av oktober publicerade OECD sitt första utkast till en konsensuslösning avseende diskussionspunkterna nexus och vinstallokering.

The BMG is a group of experts on various aspects of international tax, set up by a number of civil society BEPS Action 5: Harmful tax practices On 16 September 2014, ahead of the G20 Finance Ministers’ meeting on 20-21 September, the OECD published seven papers as a first tranche of deliverables under the Base Erosion and Profit Shifting (‘BEPS’) Project.
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Plan on Base Erosion and Profit Shifting (BEPS). The OECD will present these developments during the G20 Finance Ministers’ meeting on 9-10 February 2015. One of the documents, titled Action 5: Agreement on Modified Nexus Approach for IP Regimes (the Action 5 Paper), describes the consensus on the approach I regimi che non sono conformi ai principi stabiliti dal nexus approach dovranno essere chiusi entro e non oltre il 30 giugno del 2021. Inoltre, non sono più accettati regimi IP esistenti che non siano conformi a partire dal 30 giugno di quest’anno. Gli obiettivi dell’Action 5 del progetto BEPS On 5 October 2015, the OECD released its final report on Action 5, Countering Harmful Tax Practices More Effectively, Taking into Account Transparency and Substance (the Action 5 Report) under its BEPS Action Plan.

Action 5 is the so called modified nexus approach (“MNA”). The MNA has the potential to significantly impact IP tax regimes, including the Dutch “innovation box”. What does the MNA entail? Action 5 is titled: “countering harmful tax practices more effectively, taking intoaccount transparency and substance.
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Action 5: Counter harmful tax practices more effectively, taking into account transparency and substance Introduction Pursuant to the release of the report addressing Base Erosion and Profit Shifting (BEPS) in February 2013, the Organisation for Economic Co-operation and 0 countries adopted a 15-point Action Plan to address BEPS in September 2013.

Nexus approach under BEPS Action 5 on IP regime - Treading through a tough terrain? Dec 08, 2015 | Not subscribed yet?

BEPS Actions 2 and 5 Lukas Mechtler*/ Cindy Wong Siu Ching** At present, the fight against tax evasion, currently often referred to as base ero-sion and profit shifting (BEPS), has become an important issue not only at the level of the OECD as well as the EU but also for governments around the globe.

Pursuant to Action 5 of the lan, the OECD published a document entitled Action 5: Agreement on Modified Nexus Approach for IP Regimes (hereinafter the Agreement), along with a one page “explanatory paper” requesting comments on the Agreement (the Paper). The Agreement and Paper follow on the OECD’s BEPS Action 5 deliverable for 2014, Action 5: Counter harmful tax practices more effectively, taking into account transparency and substance Introduction Pursuant to the release of the report addressing Base Erosion and Profit Shifting (BEPS) in February 2013, the Organisation for Economic Co-operation and 0 countries adopted a 15-point Action Plan to address BEPS in September 2013. Action to fight corporate tax avoidance has been deemed necessary in the OECD forum has and received further impetus through the G20/OECD Base e rosion and p rofit shifting action plan (known as BEPS). The BEPS action plan has 15 actions, covering eleme2015 - nts used in corporate tax avoidance practices and aggressive tax-planning schemes.

A key part of ction 5 involves A strengthen the ing Implementation of the modified nexus approach (action 5 of beps) - impact on IP box structures Gowling WLG European Union, OECD June 20 2017 On February 19, 2015, TEI submitted comments to the OECD’s Forum on Harmful Tax Practices regarding the modified nexus approach to preferential intellectual property tax regimes under BEPS Action 5.