The Society of Corporate Compliance and Ethics (SCCE) has awarded its International Compliance Award to the OECD and its Working Group on Bribery.
The OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations provide guidance on the application of the “arm’s length principle”, which is the international consensus on transfer pricing, i.e. on the valuation, for tax purposes, of cross-border transactions between associated enterprises. In a global economy where multinational enterprises (MNEs) play a prominent role, transfer pricing is high on the agenda of tax administrators and taxpayers alike. Governments need to ensure that the taxable profits of MNEs are not artificially shifted out of their jurisdictions and that the tax base reported by MNEs in their respective countries reflect the economic activity undertaken therein. For taxpayers, it is essential to limit the risks of economic double taxation that may result from a dispute between two countries on the determination of an arm’s length remuneration for their cross-border transactions with associated enterprises.
After having been originally published in 1979, the OECD Transfer Pricing Guidelines were approved by the OECD Council in their original version in 1995. A limited update was made in 2009, primarily to reflect the adoption, in the 2008 update of the Model Tax Convention, of a new paragraph 5 of Article 25 dealing with arbitration, and of changes to the Commentary on Article 25 on mutual agreement procedures to resolve cross-border tax disputes. In the 2010 edition, Chapters I-III were substantially revised, with new guidance on: the selection of the most appropriate transfer pricing method to the circumstances of the case; the practical application of transactional profit methods (transactional net margin method and profit split method); and on the performance of comparability analyses. Furthermore, a new Chapter IX, on the transfer pricing aspects of business restructurings, was added. Consistency changes were made to the rest of the Guidelines.
Read about OECD efforts to help governments improve the domestic and global policies that affect business and markets in the wake of the global economic crisis.
South Africa should step up its efforts to detect, investigate and prosecute cases of bribery in international business deals, according to a new report by the OECD’s Working Group on Bribery.
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This working paper, the 2010 update of the FDI Restrictiveness Index (FDI Index), expands the sectors covered and revises the way in which FDI measures are scored and weighted.
The 2010 OECD Corporate Responsibility Roundtable launched an update of the Guidelines for Multinational Enterprises with discussions focusing on supply chains, human rights and evironment and climate change.
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Investment Newsletter No.13 focuses on global international investment activity, FDI index measuring FDI restrictions, responsible supply chain management of conflict minerals, resisting protectionism in G-20 countries, the launch of an update of the Guidelines for Multinational Enterprises, and the role of the OECD Codes of Liberalisation in becoming a member of the OECD.
Speaking at the Ministerial Session of the UN Global Compact Leaders Summit in New York, OECD Deputy Secretary-General Richard Boucher highlights the complementary roles played by the OECD Guidelines for Multinational Enterprises and the UN Global Compact in promoting corporate responsibility.
“The introduction of corporate liability into the Slovak Republic’s legislation is a very welcome development,” Mr. Gurría commented. “It sends a strong message of commitment to the fight against corruption and helps create a level playing field for firms competing internationally.”
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This working paper examines two issues concerning foreign state-controlled investors: whether the doctrine of foreign state immunity may make it difficult for private parties to pursue legitimate claims against them and whether that doctrine creates regulatory enforcement gaps for host countries.