Country-by-Country Reporting

Country-by-Country Reporting (or CbCR, sometimes referred to as Country-by-Country Report or CbC report) is an international initiative pioneered by the OECD.[1] It establishes a reporting standard for multinational enterprises (MNEs) with total consolidated group revenues > EUR 750 million,[2] containing key tax related information, including financial information[3] and information on employees and non-cash tangible assets. Under the OECD rules, the information is to be exchanged between tax authorities of different countries. However, the EU adopted legislation to make the Country-by-Country Reporting publicly available, starting the year after 2024.[4]

CbCR reporting requirements[5]

History

Country-by-Country Reporting was initially proposed in 2003 as an accounting standard. The proposal emanated originally from the Tax Justice Network.[6] The key component was information that would allow reconciliation of financial statements across different national jurisdictions. The initiative was initially considered as utopian[6] and remained unsuccessful, until the Base erosion and profit shifting (OECD project) took it over in the context of combatting tax avoidance.[3] In 2015, Country-by-Country Reporting was formally adopted in Action 13 of OECD’s final report on Base erosion and profit shifting (OECD project). Under Article 13 of the report, MNEs are required to provide information in a standardized format on their international income and tax allocation to national tax authorities.[3]

The OECD initiative led to a growing number of national and internationals proposals built around Country-by-Country Reporting requirements.[7]

Public Country-by-Country Reporting

In a weaker version of the Country-by-Country Reporting, information is exchanged between tax administrations, while remaining confidential to the wider public. Campaigners and commentators have called for a public disclosure of the information contained in the Country-by-Country reports, in order to allow investors to take informed decisions about the tax avoidance of the companies they finance. The U.S. Securities and Exchange Commission would be in a position to require such disclosure from listed companies.[8]

The UK in 2016 decided to make Country-by-Country Reporting public, however this decision has been reversed in 2020 by Rishi Sunak.[1]

In 2021, the EU adopted new legislation which requires companies to publicly disclose Country-by-Country Reporting. Most EU Member States supported the initiative.[9] Large companies, including non-European multinationals will have to comply with the disclosure rules by mid-2024.[4]

Reception and shortcomings

Country-by-Country Reporting is expected to challenge the administrative capacity of the finance departments of companies subjected to the disclosure requirements.[10]

According to commentators, the OECD Country-by-Country Reporting fails to effectively address tax avoidance, especially as the OECD rules do not require the reports to be made public. The responsibility remains with individual countries to go further and require disclosure of information on obscure tax structures of MNEs.[11] Commentators have also pointed to shortcomings of the EU legislation. The scope of reporting on national profits has been reduced from the initial proposal to only include European countries and certain jurisdictions considered as tax havens, the list of which seems incomplete, as for example Bermuda is excluded.[11] Oxfam expressed concerns in respect of the companies to which the disclosure requirements apply, as only the largest MNEs would fall under the public Country-by-Country Reporting rules.[9]

See also

References
  1. Elliott, Larry (15 November 2022). "Global corporations 'cheating public out of billions in tax', say campaigners". The Guardian. Retrieved 5 January 2023.
  2. OECD, OECD (1 October 2022). "Guidance on the Implementation of Country-by-Country Reporting" (PDF). OECD. Retrieved 24 June 2023.
  3. Brockman, Keith (29 September 2020). "Country-by-Country Tax Reporting: Nearly 20 Years in the Making". Bloomberg Tax. Retrieved 5 January 2023.
  4. "Public EU Country-by-Country reporting: All you need to know in 5 simple questions". Loyens & Loeff. 11 January 2022. Retrieved 5 January 2022.
  5. OECD, OECD (1 June 2019). "OECD CbCR User Guide for Tax Administrations" (PDF). OECD. Retrieved 24 June 2023.
  6. Shaxson, Nicholas (21 December 2020). "Corporate taxation—momentum is building". Social Europe. Retrieved 5 January 2023.
  7. "Bringing tax transparency into focus – extractive industries". International Tax Review. 2 November 2022. Retrieved 5 January 2023.
  8. Boris, Joseph (1 August 2022). "SEC Should Require Public Tax Reporting by U.S. Multinationals, Advocacy Group Says". Thomson Reuters. Retrieved 5 January 2023.
  9. Boffey, Daniel (26 February 2021). "EU states back plan to expose big companies' tax avoidance". Retrieved 5 January 2023.
  10. Peccarelli, Brian (30 December 2022). "For Corporate Finance Pros, 2023 Arrives With Uncertainty And Opportunity". Forbes. Retrieved 5 January 2023.
  11. Hyde, Leo (13 October 2022). "Microsoft - Gaming Global Taxes, Winning Government Contracts". Public Services International. Retrieved 5 January 2023.
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