This report contains the 2014 “Phase 2: Implementation of the Standards in Practice” Global Forum review of Kenya.
The Global Forum on Transparency and Exchange of Information for Tax Purposes is the multilateral framework within which work in the area of tax transparency and exchange of information is carried out by over 130 jurisdictions which participate in the work of the Global Forum on an equal footing.
The Global Forum is charged with in-depth monitoring and peer review of the implementation of the standards of transparency and exchange of information for tax purposes. These standards are primarily reflected in the 2002 OECD Model Agreement on Exchange of Information on Tax Matters and its commentary, and in Article 26 of the OECD Model Tax Convention on Income and on Capital and its commentary as updated in 2004, which has been incorporated in the UN Model Tax Convention.
The standards provide for international exchange on request of foreseeably relevant information for the administration or enforcement of the domestic tax laws of a requesting party. “Fishing expeditions” are not authorised, but all foreseeably relevant information must be provided, including bank information and information held by fiduciaries, regardless of the existence of a domestic tax interest or the application of a dual criminality standard.
All members of the Global Forum, as well as jurisdictions identified by the Global Forum as relevant to its work, are being reviewed. This process is undertaken in two phases. Phase 1 reviews assess the quality of a jurisdiction’s legal and regulatory framework for the exchange of information, while Phase 2 reviews look at the practical implementation of that framework. Some Global Forum members are undergoing combined – Phase 1 plus Phase 2 – reviews. The ultimate goal is to help jurisdictions to effectively implement the international standards of transparency and exchange of information for tax purposes.
On 1-3 March 2016, the OECD hosted two important events for the international tax community. The Task Force on Tax and Development and the Global Forum on Transfer Pricing gathered over 230 participants representing 84 jurisdictions and 11 international and regional organisations.
Public comments are invited on a discussion draft that includes proposals for changes to the OECD Model Tax Convention concerning the treaty residence of pension funds. Comments should be sent by 1 April 2016 at the latest.
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This report consists of two parts. Part I is a report by the OECD Secretary-General regarding (A) the OECD/G20 Base Erosion and Profit Shifting (BEPS) Project; (B) tax transparency with the single global common standard on Automatic Exchange of Information (AEOI); and (C) Tax and Development. Part II is an updated Progress Report to the G20 by the Global Forum on Transparency and Exchange of Information for Tax Purposes.
On 22-23 February 2016, a regional network meeting on the implementation of the BEPS package was held in Dakar (Senegal), by the OECD in partnership with the CREDAF (Centre de Rencontres et d'Etudes des Dirigeants des Administrations Fiscales).
The OECD today agreed a new framework that would allow all interested countries and jurisdictions to join in efforts to update international tax rules for the 21st Century. The proposal for broadening participation in the OECD/G20 Base Erosion and Profit Shifting (BEPS) Project will be presented to G20 Finance Ministers at their next meeting on 26-27 February in Shanghai, China.
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Blueprint for Deepening the Reform of Collection and Administrative Systems of State and Local Tax Administrations (SAT)
Senegal today signed the Multilateral Convention on Mutual Administrative Assistance in Tax Matters. Senegal is the 11th country of the African continent to sign the Convention and the 93rd jurisdiction to join it. Simultaneously to signing the Convention, Senegal today also became the 32nd signatory of Multilateral Competent Authority Agreement for the automatic exchange of Country-by-Country reports (CbC MCAA).
The European Commission presented today a series of measures for a coordinated EU-wide response to corporate tax avoidance, notably through implementation of the global standards developed under the OECD/G20 Base Erosion and Profit Shifting Project. The Commission proposal would align tax laws in all 28 EU countries, in order to fight aggressive tax practices by multinational enterprises
As part of continuing efforts to boost transparency by multinational enterprises (MNEs), 31 countries signed today the Multilateral Competent Authority Agreement (MCAA) for the automatic exchange of Country-by-Country reports. The signing ceremony marks an important milestone towards implementation of the OECD/G20 BEPS Project and a significant increase in cross-border cooperation on tax matters.