Base erosion and profit shifting

Substantial Activities in No or Only Nominal Tax Jurisdictions: Guidance for the Spontaneous Exchange of Information


Published: 31 October 2019



In 2018, the OECD/G20 Inclusive Framework on BEPS agreed the resumption of the application of the substantial activity factor to no or only nominal tax jurisdictions (the "Standard"). The Standard requires no or only nominal tax jurisdictions to exchange information in specified situations and includes details as to the circumstances giving rise to exchange, the data points included in the exchange, and the jurisdictions to be exchanged with.

This document addresses the practical modalities regarding the exchange of information requirements of the Standard. Part 1 contains guidance on the timelines, the international legal framework and clarifications on the key definitions. In particular, it clarifies that the exchanges occur as spontaneous exchange of information (SEOI). In order to operationalise the exchanges, a standardised opt-in template has been developed, by which potential recipient jurisdictions notify their interest in receiving the respective information and that the information is foreseeably relevant for the administration of the recipient.

Part 2 contains the XML format for the exchanges. In this respect, the Standard foresees that a standardised template and XML schema will govern the spontaneous exchanges pursuant to the Standard.






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