Harmful Tax Practices - 2017 Progress Report on Preferential Regimes
Inclusive Framework on BEPS: Action 5
BEPS Action 5 is one of the four BEPS minimum standards that all Inclusive Framework
members have committed to implement. One part of the Action 5 minimum standard relates
to preferential tax regimes where a peer review is undertaken to identify features
of such regimes that can facilitate base erosion and profit shifting, and therefore
have the potential to unfairly impact the tax base of other jurisdictions.
This progress report is an update to the 2015 BEPS Action 5 report and contains the
results of the review of all Inclusive Framework members' preferential tax regimes
that have been identified. The results are reported as at October 2017.
The report also contains guidance on preferential tax regimes, including timelines
for amending regimes, how certain features of preferential regimes will be monitored,
and guidance on the requirement that jurisdictions offering preferential regimes must
require substantial activities to be undertaken in the regime.
Published on October 16, 2017Also available in: French
The Action 5 minimum standard consists of two parts. One part relates to preferential tax regimes, where a peer review is undertaken to identify features of such regimes that can facilitate base erosion and profit shifting, and therefore have the potential to unfairly impact the tax base of other jurisdictions. The second part includes a commitment to transparency through the compulsory spontaneous exchange of relevant information on taxpayer-specific rulings which, in the absence of such information exchange, could give rise to BEPS concerns.