First reporting fiscal year: 1 January 2020
Consolidated group revenue threshold: MRU 25 billion
Filing deadline: 12 months following the end of the reporting fiscal year
Local filing required: Yes
Surrogate parent entity filing permitted: Yes
First review of the domestic legal framework: 2022-2023
|
Area of implementation |
Recommendations for improvement |
|---|---|
|
Domestic legal and administrative framework |
It is recommended that Mauritania take steps to ensure that local filing only occurs in the circumstances permitted under the minimum standard. |
|
Exchange of information framework |
It is recommended that Mauritania take steps to have qualifying competent authority agreements in effect with jurisdictions of the Inclusive Framework that meet the confidentiality, consistency and appropriate use conditions and with which Thailand has an international exchange of information agreement in effect that allows for the automatic exchange of tax information. It is recommended that Mauritania take steps to implement the necessary processes or written procedures to ensure that the exchange of information is conducted in a manner consistent with the terms of reference relating to the exchange of information framework. |
|
Appropriate use |
It is recommended that Mauritania take steps to ensure that the appropriate use condition is met ahead of the first exchanges of information. |
Mauritania has as a number of recommendations to improve the legislation.
Mauritania’s 2022-2023 peer review included a recommendation that Mauritania amend the filing threshold or otherwise clarify that it is in line with the standard. Mauritania has amended the filing threshold to MRU 25 billion, and this recommendation is removed.1
Mauritania’s 2022-2023 peer review included a recommendation that Mauritania clarify or amend the legislation to include an effective date for the CbC filing requirement. Mauritania has clarified that the effective date, published in a Circular, is 1 January 2020, and this recommendation is removed.
Mauritania’s 2022-2023 peer review included a recommendation that Mauritania amend its legislation to include a definition of “Group” that is in line with the standard. Mauritania has amended the legislation to include this definition and this recommendation is removed.2
Mauritania’s 2022-2023 peer review included a recommendation that Mauritania amend its legislation to include a definition of “MNE Group” that is in line with the standard. Mauritania has amended the legislation to include this definition and this recommendation is removed.3
Mauritania’s 2022-2023 peer review included a recommendation that amend the definition of UPE or otherwise clarify the definition to be in line with the standard. Mauritania has amended the legislation to include this definition and this recommendation is removed.4
Mauritania’s 2022-2023 peer review included a recommendation that Mauritania amend its legislation to include a definition of “Constituent Entity” that is in line with the standard. Mauritania has amended the legislation to include this definition and this recommendation is removed.5
Mauritania’s 2022-2023 peer review included a recommendation that Mauritania amend its legislation to include a definition of “Consolidated Financial Statements” that is in line with the standard. Mauritania has amended the legislation to include this definition and this recommendation is removed.6
Mauritania’s 2022-2023 peer review included a recommendation that Mauritania amend its legislation to include a definition of “Fiscal Year” that is in line with the standard. Mauritania has amended the legislation to include this definition and this recommendation is removed.7
Mauritania’s 2022-2023 peer review included a recommendation that Mauritania amend its legislation to include a definition of “Reporting Fiscal Year” that is in line with the standard. Mauritania has amended the legislation to include this definition and this recommendation is removed.8
Mauritania’s 2022-2023 peer review included a recommendation that Mauritania amend its legislation to include a definition of “Reporting Entity” that is in line with the standard. Mauritania has amended the legislation to include this definition and this recommendation is removed.9
Mauritania’s 2022-2023 peer review included a recommendation that Mauritania amend its legislation to include a definition of “Systemic Failure” that is in line with the standard. Mauritania has amended the legislation to include this definition and this recommendation is removed.10
Mauritania’s 2022-2023 peer review included a recommendation that Mauritania publish the full content and format requirements of the CbC Report. Mauritania has published the full content and format requirements of the CbC Report, and this recommendation is removed.11
The local filing provision in Mauritania applies where an MNE Group has a Constituent Entity established in Mauritania which is not the Ultimate Parent Entity of the group, and the jurisdiction of residence of the Ultimate Parent Entity is not included on a list of jurisdictions that have concluded an agreement with Mauritania authorizing the automatic exchange of the country-by-country report, but with which Mauritania has concluded a tax information exchange agreement. This list has not yet been published. No recommendation is made but this aspect will be monitored.
Mauritania’s 2022-2023 peer review included a recommendation that Mauritania amend its primary law or otherwise ensure that local filing only occurs where "the jurisdiction in which the Ultimate Parent Entity is resident for tax purposes has a current International Agreement to which the given jurisdiction is a party but does not have a Qualifying Competent Authority Agreement in effect to which this jurisdiction is a party by the time for filing the Country-by-Country Report.” Mauritania has amended the legislation to ensure local filing only occurs in the circumstances permitted under the minimum standard and so this recommendation is removed.12
Mauritania’s 2022-2023 peer review included a recommendation that Mauritania amend its primary legislation or otherwise clarify that local filing will only apply if there is a “Systemic Failure”. Mauritania has amended the legislation to include this definition and this recommendation is removed.13
Mauritania has a legislative requirement for local filing which is in effect despite Mauritania not yet meeting all of the consistency, confidentiality and appropriate use conditions. It is therefore recommended that Mauritania take steps to ensure that local filing only occurs in the circumstances permitted under the minimum standard. This recommendation remains in place since the 2022-2023 peer review.
Mauritania’s 2022-2023 peer review included a monitoring point relating to the limitation on local filing in case of surrogate filing. Mauritania has clarified the surrogate filing provisions, and this monitoring point is removed.14
Mauritania’s 2022-2023 peer review included a recommendation that Mauritania clarify that the annual consolidated group revenue threshold calculation rule applies in line with the OECD guidance on currency fluctuations in respect of an MNE Group whose Ultimate Parent Entity is located in a jurisdiction other than Mauritania. Mauritania has amended the legislation to include this guidance and this recommendation is removed.15
Mauritania’s 2022-2023 peer review included a recommendation that Mauritania take steps to ensure that enforcement provisions and monitoring relating to the enforcement of CbCR filing obligations are implemented. Mauritania has amended the legislation to include penalty provisions relating to CbC reporting and this recommendation is removed.16 17 18
Mauritania has no bilateral relationships in place for the exchange of CbC reports nor processes to ensure that the exchange of information is conducted in a manner consistent with the terms of reference relating to the exchange of information framework.
It is recommended that Mauritania take steps to have qualifying competent authority agreements in effect with jurisdictions of the Inclusive Framework that meet the confidentiality, consistency and appropriate use conditions and with which Mauritania has an international exchange of information agreement in effect that allows for the automatic exchange of tax information.
It is recommended that Mauritania take steps to implement the necessary processes or written procedures to ensure that the exchange of information is conducted in a manner consistent with the terms of reference relating to the exchange of information framework.
Mauritania does not yet have controls in place to ensure the appropriate use of CbC reports.
It is recommended that Mauritania take steps to ensure that the appropriate use condition is met ahead of the first exchanges of information.
← 2. 0Arrêté n°00204 - Déclaration pays par pays.pdf :
← 3. Ibid.
← 4. Ibid.
← 5. Ibid.
← 6. Ibid.
← 7. Ibid.
← 8. Ibid.
← 9. Ibid.
← 10. Ibid.
← 11. Ibid.
← 12. Ibid.
← 13. Ibid.
← 15. Arrêté n°00204 - Déclaration pays par pays.pdf :
← 16. Ibid.
← 18. Mauritania 2022/23 peer report included a general monitoring point relating to the processes that would allow Mauritania to take appropriate measures in case Mauritania is notified by another jurisdiction that it has reason to believe with respect to a Reporting Entity that an error may have led to incorrect or incomplete information reporting or that there is non-compliance of a Reporting Entity with respect to its obligation to file a CbC report. This monitoring point remains in place