transfer pricing documentation summary - deloitte lobal tax eset transfer pricing documentation...

Global Tax Reset Transfer Pricing Documentation SummaryMarch 2018

2

Global Tax Reset—Transfer Pricing Documentation Summary

OverviewThe Global Tax Reset – Transfer Pricing Documentation Summary (“Guide”) compiles essential country-by-country (“CbC”) reporting and documentation (including master file and local file where applicable) information for 68 jurisdictions around the world. It has been reviewed and updated as of 27 March 2018.

As used in this guide, please note the following interpretations:• Secondaryfiling generally refers to a local filing obligation imposed on resident entities in a multinational enterprise (“MNE”) group when the jurisdiction does not receive the country-by-country

(“CbC”) report via automatic exchange from the parent or surrogate reporting entity’s jurisdiction. Some countries that have secondary filing requirements may provide exceptions for FY 2016 (that is, resident entities do not need to submit a CbC report for FY 2016).

• Localfileis defined as either an OECD local file (i.e., prepared in accordance with Annex II to Chapter V of the revised OECD Transfer Pricing Guidelines) or transfer pricing documentation prepared under local regulations. Some countries also have disclosure requirements that do not directly relate to the OECD local file.

• Substantially complies means that the tax authority will accept a report that meets OECD content guidelines, and the report will likely meet penalty protection requirements. However, it is anticipated that additional information will be required to be provided upon a transfer pricing audit. In addition, some countries require transfer pricing reports to be prepared in local languages. Such language requirements are not considered in this summary when determining whether an OECD master file and local file can provide local documentation compliance. Lastly, this definition does not take into considerations rules for specific types of transactions such as cost sharing or financing.

• With respect to master file or local file/documentation filing requirements, “Submit” refers to a requirement to submit either all or, in certain countries, only parts of the documentation; "Provides" refers to having to provide the documentation upon request; "Contemporaneous" refers to having to prepare documentation by a certain date (usually by the time of filing annual tax returns). For certain countries, only certain types of documentation need to be prepared contemporaneously (e.g., documentation for self-adjustment, penalty protection or extraordinary business transactions); these countries are listed as having contemporaneous requirements. Certain countries have rules whereby documentation needs to be prepared by a tax return due date under one scenario but also needs to be submitted under another (e.g., Korea, Mexico and Uruguay); these countries are listed as having “Contemporaneous + Submit” requirements.

• "Parent surrogate filing" means voluntary filing for Ultimate Parent Entities resident in their jurisdictions of residence that do not yet require it. Specifically, according to the OECD implementation guidance, "jurisdictions that will not be able to implement with respect to fiscal periods from 1 January 2016 may be able to accommodate voluntary filing for Ultimate Parent Entities resident in their jurisdiction. This would allow the Ultimate Parent Entities of an MNE Group resident in those jurisdictions to voluntarily file their CbC report for the fiscal periods commencing on or from 1 January 2016 in their jurisdiction of tax residence." When an MNE makes a voluntary parent surrogate filing, the OECD recommends that secondary (local) filing obligations should not apply in any jurisdiction that otherwise would require constituent entities in that jurisdiction to file locally when the report is not received via automatic exchange under a tax treaty or tax information exchange agreement from the reporting entity's jurisdiction.

• Some countries provide a monetary threshold for filing or preparation of the master file or local file/documentation. For the purpose of this document, it is assumed any filing or preparation thresholds have been met.

• There may be multiple due dates for certain countries applicable for different parts of the master file or local file/documentation. The earliest due date that could apply is listed.

This Guide is a summary and indicative only, based on Deloitte’s understanding of the position at the time of publication. It should not be relied upon for making business decisions, and we recommend you consult a transfer pricing specialist before taking any action. The transfer pricing specialists in Deloitte member firms around the world have the knowledge and experience to help you on your journey. For more information regarding transfer pricing issues in specific countries, and about Deloitte’s tax practice in those jurisdictions, please contact your usual Deloitte transfer pricing adviser or one of the listed contacts.

3

FinalAnnounced Proposed Yes No


Country-by-Country (“CbC”) Report Master File (“MF“)Local File (“LF“)/ Documentation

MF & LF/ Documentation

Status ofrules

Firsteffective

year starting

Notificationrequirement

Report due date (months/yearsafterlastdayofthereporting

period)

Secondaryfilingrequirement

(exceptionsexistinsomecountries)

ParentSurrogateFilingAvailable Penalties Status of

rulesStatus of rules

Newruleseffectivestarting

Does OECD MF + LF providelocaldox

compliance?

Filingrequirement

Forcountrieswithsubmissionrequirementfor

LF:submissionduedate(months/yearsafteryear-end)

PenaltiesOECD MF required

Firsteffective

year starting

1 Jan 2017Argentina

Australia

Austria

Belgium

Bermuda

Brazil

Bulgaria

Canada

CaymanIslands

China

Chile

Colombia

1 Jan 2016

1 Jan 2016

1 Jan 2016

1 Jan 2016

1 Jan 2016

1 Jan 2016

1 Jan 2016

1 Jan 2016

1 Jan 2016

1 Jan 2016;1 Jan 2017 for

secondary filing

12 months Existing rules apply

Substantially complies Submit for LF

Submit for MF;Contemporaneous

+Provide for LF

Provide for MF; Contemporaneous

+Provide for LF

Provide

Provide

8 months

Brazil does not follow OECD

September; exact due date depends

on the last number of "Tax ID"

Brazil does not follow OECD

Contemporaneous+

Provide for LF

Contemporaneous+

Provide for LF

Contemporaneous+

Provide

Submit

Substantially complies




Requires additional

information

Requires additional

information

Requires additional

information

Requires additional

information

Completely Complies

Existing rules apply




TBD

1 Jan 2016 1 Jan 2016

1 Jan 2016

1 Jan 2016

1 Jan 2016

1 Jan 2016

1 Jan 2016

1 Jan 2016

1 Jan 2017

TBD

Filing

Filing N/A

N/A

N/A

N/A None to date

None to date

None to date

None to date

None to date

None to date

None to date

N/A

N/A

N/A

N/A

N/A

N/A

N/A

Filing

Filing

Filing

Filing

Filing

Filing

Provide

12 months

12 months

12 monthsYes, only for UPEs or SPEs

12 months

12 months

6 months

By tax return due date,

31 July

By tax return due date

12-23 Feb 2018, the exact day depends

on the last digit of the entity's tax

identification

12 months after the closing of the reporting period, for FY 2016, due date for filing CbCR

has been extended to 31 March 2018

12 months

1 Jan 2016;1 Jan 2017 for

secondary filing

Notification is required for the first reported fiscal year; thereafter, notification is required only if there are any changes in the notification content.

4





Croatia

Cyprus

CzechRepublic

Denmark

Estonia

Finland

France

Germany

Greece

Guernsey

1 Jan 2016

1 Jan 2016

1 Jan 2016

1 Jan 2016;1 Jan 2017 for

secondary filing

1 Jan 2016;1 Jan 2017 for

secondary filing

1 Jan 2016;1 Jan 2017 for

secondary filing

1 Jan 2016;1 Jan 2017 for

secondary filing

1 Jan 2016;1 Jan 2017 for

secondary filing

1 Jan 2016;1 Jan 2017 for

secondary filing

1 Apr 2016



Contemporaneous+

Provide

Contemporaneous+

Provide for LF

Provide

Contemporaneous+

Provide

Provide

Contemporaneous+

Provide

Contemporaneous+

Provide

Provide for MF; Contemporaneous+

Provide for LF

Contemporaneous+

Provide

Requires additional

information

Requires additional

information

Completely complies

Completely complies

Completely complies


Existing rules apply. Already required. Strictly aligned as from 1 Jan 2018.



1 Jan 2017

1 Jan 2017

FYE after April 2016

1 Jan 2017; FY 2016 is

optional/existing rules apply

1 Jan 2017; FY 2016 is optional

Already required

w.e.f. 1 Jan 2007



1 Jan 2017

1 Jan 2017

Already required. Strictly aligned as from 1 Jan 2018

Already required

Filing N/A

N/A

N/A

N/A

None to date

None to date

None to date

None to date

None to date

None to date

N/A

N/A

N/A

Filing

Filing

Filing

Filing

Filing

Filing

Filing

Filing

Filing

12 months after the end of the reporting period, exception is filing of the report for FY 2016 - the tax payers are given up

to 18 months

12 months after end of reporting period, for FY 2016, the due date for filing CbCR has been

extended to 28 Feb 2018

12 months

12 months

12 months

12 months

12 months

12 months

12 months after end of reporting period, however for UPE/Surrogate parent entities with 31 Dec 2016 Y/E reporting deadline has

been extended to 31 Mar 2018

1 Jan 2016

Status ofrules

Firsteffective

year starting


Report due date (months/years

after year-end)







compliance?

Filingrequirement PenaltiesOECD MF

required

Firsteffective

year starting

CostaRica1 Jan 2017 12 months

12 months





5





HongKong

Hungary

Iceland

India

Indonesia

Ireland

Israel

IsleofMan

Italy

Japan

Jersey

1 Jan 2017

1 Apr 2016

1 Jan 2016

1 Jan 2016;1 Jan 2017 for

secondary filing

1 Apr 2018





Provide for MF; Contemporaneous

+Provide for LF

Contemporaneous+

Provide

Submit for MF; Contemporaneous

+Provide for LF

Contemporaneous+

Provide

Contemporaneous+

Provide for LF

Provide for LF

Contemporaneous+

Provide for LF

Contemporaneous+

Provide


+Provide for LF

Requires additional

information

Requires additional

information

Requires additional

information

Requires additional

information

Completely complies






Optional for 1 Jan 2017;

obligatory for 1 Jan 2018

1 Jan 2016

1 Apr 2017

1 Apr 2018. Accounting year

commencing on or after 1 April 2018,

subject to passing of legislation.

1 Jan 2018. Obligatory for tax years starting in 2018, optional for tax years starting in

2017.

FY 2016-17 1 April 2016

1 Apr 2016

1 Jan 2016


Already required

Filing

Filing

N/A

N/A

N/A

None to date

None to date

None to date

None to date

None to date

None to date

None to date

N/A

N/A

N/A

N/A

N/A

Filing

Filing

Filing

Filing

TBD

Filing

Filing

Filing

Filing

1 Jan 2018, subject to passing of legislation, voluntary filing may be possible for FY

before 2018

12 monthsYes, only

for UPEs or SPEs

12 months

12 months

12 months

12 months

12 months and a day

12 months after end of reporting period, for FY 2016, the due date for

filing has been extended to 9 Feb 2018

12 months

12 months

12 months after the end of the first accounting period, for FY 2016, the due date

of filing the CbC report has been extended

to 28 Feb 2018

12 months after the end of the fiscal year of the local

taxpayer

1 Jan 2016

1 Jan 2016

1 Jan 2017

1 Apr 2016

1 Jan 2016

1 Jan 2016

Status ofrules

Firsteffective

year starting



after year-end)







compliance?


required

Firsteffective

year starting




6





Kazakhstan

Korea

Lithuania

Luxembourg

Malaysia

Malta

Mexico

Netherlands

NewZealand

Nigeria

Norway

Panama

1 Jan 2019

1 Jan 2016

1 Jan 2016

1 Jan 2016




Completely complies

Completely complies




Provide

Submit+Provide for MF;

Submit+Contemporaneous+Provide for LF

Provide for MF;Contemporaneous

+Provide for LF

Contemporaneous+

Provide

Contemporaneous +

Provide for LF

Provide for LF

Submit for MF;

Submit+Contemporaneous+Provide for LF

Provide

Provide

Provide for LF

Requires additional

information

Requires additional

information

Requires additional

information

1 Jan 2016






TP documentation prepared on or after 15 July 2017 (irrespective of the financial year to

which it pertains) would be as per the revised

guidelines (as per clarification provided)

1 Jan 2019

1 Jan 2016

1 Jan 2017

1 Jan 2016

1 Jan 2016

1 Jan 2016

Filing

Provide

Provide

N/A

N/A

N/A

None to date

None to date

None to date

None to date

None to date

None to date

None to date

N/A

N/A

N/A

N/A

N/A

Filing

Filing

Filing

Filing

Filing

Filing

Filing

12 months

12 months 12 months

12 months

12 months

12 months

12 months

9 months

12 monthsYes, only for UPEs or SPEs

12 months

12 months

12 months

12 months

1 Jan 2016

1 Jan 2016

1 Jan 2016

1 Jan 2018

1 Jan 2016

1 Jan 2016

1 Jan 2016

1 Jan 2016

1 Jan 2017

1 Jan 2016; 1 Jan 2017 for

secondary filing

1 Jan 2016;1 Jan 2017 for

secondary filing

Status ofrules

Firsteffective

year starting



after year-end)







compliance?


required

Firsteffective

year starting




PeruSubstantially

complies Submit1 Jan 2017 1 Jan 2016N/AFiling

3 months - TP adjustment form; 6 months

- TP documentation; For FY 2016, deadline will be

during April 2018.

TBD1 Jan 2017

7





Philippines

Poland

Portugal

Romania

Russia

Serbia

Singapore

Slovakia

Slovenia

SouthAfrica

Spain

1 Jan 2017

1 Jan 2018

1 Jan 2016

1 Jan 2016





Completely complies



Contemporaneous+

Provide for LF

Contemporaneous+

Provide

Contemporaneous+

Provide for LF

Contemporaneous+

Provide for LF

Contemporaneous+

Provide for LF

Contemporaneous+

Provide

Contemporaneous+

Provide

Provide

Provide

Submit +

Contemporaneous +

Provide for LF

Submit

Requires additional

information

Requires additional

information

Requires additional

information

Requires additional

information










1 Jan 2017

1 Jan 2017

1 Jan 2016 or 10 Jan 2016

Already required

Already required

1 Jan 2016

Filing

Provide

N/A

N/A None to date

None to date

None to date

None to date

None to date

None to date

None to date

N/A

N/A

N/A

N/A

Filing

Filing

Filing

Filing

Filing

Filing

12 months

For financial year ending 31 December, deadline for filing is

29 June

12 months

12 months after end of reporting period, exception

for FY 2016, where the deadline was extended for

an additional 2 months (until 28 Feb 2018)

12 months

12 months

12 months

12 months

12 months

12 months after the first year on which reporting is due—entities

that have to submit the CbC, master file and local file on

31 Dec 2017 and 31 Jan 2018 have an extension until the

28 Feb 2018

12 months

1 Jan 2017

1 Jan 2016

1 Jan 2016

1 Jan 2016

1 Jan 2016

1 Jan 2016;1 Jan 2017 for

secondary filing

1 Jan 2016;1 Jan 2017 for

secondary filing

1 Jan 2016;1 Jan 2017 for

secondary filing

1 Jan 2017, voluntary filing possible for FY

2016

Status ofrules

Firsteffective

year starting



after year-end)







compliance?


required

Firsteffective

year starting




SwedenCompletely complies

Contemporaneous+

Provide1 Apr 2017 1 Apr 2017N/AFiling12 months1 Jan 2016

8





Switzerland

Taiwan

Thailand

Turkey

Ukraine

UnitedKingdom

UnitedStates

Uruguay

Vietnam





Completely complies

Completely complies

Provide for LF


+Provide for LF

Contemporaneous+

Provide

Contemporaneous+

Providefor LF

Contemporaneous+

Providefor LF

Contemporaneous+

Provide

Provide

Submit for LF

Requires additional

information

Requires additional

information

Requires additional

information

Tax years ending on or after 1 May 2017









1 Jan 2017

TBD

TBD

1 Jan 2017

Tax years ending on or after 1 May 2017. (e.g., 1 Jan

2017-31 Dec 2017 would be included)

Filing

Provide

Provide

None to date

None to date

None to date

None to date

None to date

N/A

N/A

Filing

Filing

Filing

12 months

9 months and 15 days

12 months

12 months

12 months

By tax return due date, extended to

12 months after the close of the taxable

year for early reporting periods

TBD

By tax return due date

1 Jul 2016; Voluntary filing

allowed for years beginning prior to

1 Jul 2016

1 Jan 2016

1 Jan 2016

1 Jan 2017

1 Jan 2017

Tax years ending on or after 1 May 2017

TBD

1 Jan 2018, voluntary filing possible for FY before 2018

Yes, only for UPEs and SPEs

The above information is current as of 27 March, 2018 based on information available as of that date, and is subject to change without notice.

This matrix contains general information only, and none of Deloitte Touché Tohmatsu Limited, its member firms, or their related entities (collectively, the “Deloitte Network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte Network shall be responsible for any loss whatsoever sustained by any person who relies on this matrix.

Status ofrules

Firsteffective

year starting



after year-end)







compliance?


required

Firsteffective

year starting

12 months




9

Global Tax Reset—Transfer Pricing Documentation SummaryGlobal Tax Reset—Transfer Pricing Documentation Summary

ContactsPaul RileyDeloitte Global Leader—Transfer Pricing+61 416 002 [email protected]

Asia PacificFiona CraigPartner, Deloitte Australia+61 410 045 [email protected]

United StatesJohn WellsPrincipal, Deloitte US+1 214 215 [email protected]

Europe, Middle East, and AfricaShaun AustinPartner, Deloitte UK+44 7775 [email protected]

Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee (“DTTL”),its network of member firms, and their related entities. DTTL and each of its member firms are legally separateand independent entities. DTTL (also referred to as “Deloitte Global”) does not provide services to clients. Please seewww.deloitte.com/about to learn more about our global network of member firms.

Deloitte provides audit & assurance, consulting, financial advisory, risk advisory, tax and related services to public and private clients spanning multiple industries. Deloitte serves four out of five Fortune Global 500® companies through a globally connected network of member firms in more than 150 countries and territories bringing world-class capabilities, insights, and high-quality service to address clients’ most complex business challenges. To learn more about how Deloitte’s approximately 245,000 professionals make an impact that matters, please connect with us on Facebook, LinkedIn, or Twitter.

This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms,or their related entities (collectively, the “Deloitte Network”) is, by means of this communication, rendering professionaladvice or services. Before making any decision or taking any action that may affect your finances or your business,you should consult a qualified professional adviser. No entity in the Deloitte Network shall be responsible for anyloss whatsoever sustained by any person who relies on this communication.

© 2018. For information, contact Deloitte Touche Tohmatsu Limited.

transfer pricing documentation summary - deloitte lobal tax eset transfer pricing documentation...

Documents