Base erosion and profit shifting (OECD project)

"It is hard to imagine any business, under the current [Irish] IP regime, which could not generate substantial intangible assets under Irish GAAP that would be eligible for relief under [the Irish] capital allowances [for intangible assets scheme]." "This puts the attractive 2.5% Irish IP-tax rate within reach of almost any global business that relocates to Ireland."

KPMG, "Intellectual Property Tax", 4 December 2017[1]

Of the wider tax environment, O'Rourke thinks the OECD base-erosion and profit-shifting (BEPS) process is "very good" for Ireland. "If BEPS sees itself to a conclusion, it will be good for Ireland."

Feargal O'Rourke CEO PwC (Ireland)
"Architect" of the double Irish[2][3]
The Irish Times, 2015[4]

The OECD G20 Base Erosion and Profit Shifting Project (or BEPS Project) is an OECD/G20 project to set up an international framework to combat tax avoidance by multinational enterprises ("MNEs") using base erosion and profit shifting tools.[5] The project, led by the OECD's Committee on Fiscal Affairs, began in 2013 with OECD and G20 countries, in a context of financial crisis and tax affairs (e.g. Offshore Leaks).[6] Currently, after the BEPS report has been delivered in 2015, the project is now in its implementation phase, 116 countries are involved including a majority of developing countries.[7][8] During two years, the package was developed by participating members on an equal footing, as well as widespread consultations with jurisdictions and stakeholders, including business, academics and civil society. And since 2016, the OECD/G20 Inclusive Framework on BEPS provides for its 140 members a platform to work on an equal footing to tackle BEPS, including through peer review of the BEPS minimum standards, and monitoring of implementation of the BEPS package as a whole.

The BEPS project looks to develop multilateral dialogue and could be achieved thanks to a successful international cooperation, unavoidable when it comes to such a domestic and sovereign topic.[9][10] It is one of the instances of the OECD that involves developing countries in its process.[11] The European Commission and the US have unilaterally[12] taken actions in 2017-2018 that implement several key measures of the BEPS project, even going beyond in some cases.

  1. ^ "Intellectual Property Tax". KPMG. 4 December 2017.
  2. ^ "Man Making Ireland Tax Avoidance Hub Proves Local Hero". Bloomberg News. 28 October 2013.
  3. ^ "Controversial tax strategies brainchild of O'Rourke's son". Irish Independent. 3 November 2013.
  4. ^ "Scion of a prominent political dynasty who gave his vote to accountancy". The Irish Times. 8 May 2015.
  5. ^ "Base erosion and profit shifting - OECD". www.oecd.org. Retrieved 2017-05-22.
  6. ^ "BEPS Project Background Brief" (PDF). OECD. January 2017.
  7. ^ "About BEPS and the inclusive framework - OECD". www.oecd.org.
  8. ^ "Inclusive Framework of BEPS members" (PDF). www.oecd.org.
  9. ^ Peter Dietsch (2011). "Rethinking sovereignty in international fiscal policy". Review of International Studies. 37 (5): 2107–2120. doi:10.1017/S0260210511000349. S2CID 145597440. Retrieved 2018-07-25.
  10. ^ "BEPS: An Interim Evaluation" (PDF). World Tax Journal.
  11. ^ "The OECD´s New Role as a Global Institution". www.mfa.gov.tr. Retrieved 2018-07-25.
  12. ^ "The US counterpunch to the OECD BEPS Project". aei.org. Retrieved 2018-07-25.

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