Doug McHoney and David Ernick discuss the transitional safe harbor rules for Country-by-country reporting (CbCR) in this podcast. They cover topics such as the safe harbor tests, exclusions, and differences between safe harbor and full GLoBE rules. They also discuss the history and implementation of public CBCR, challenges of transfer pricing adjustments, and the importance of Advance Pricing Agreements (APAs).
The safe harbor rules for Pillar 2 in country-by-country reporting simplify top-up tax liability determination, easing the compliance burden for taxpayers.
The introduction of public country-by-country reporting increases the need for reliable and compliant data to avoid reputational risks and potential scrutiny.
Deep dives
The importance of Pillar 2 safe harbor in country-by-country reporting
The safe harbor rules for Pillar 2 in country-by-country reporting provide a simplified approach for determining top-up tax liability. The safe harbor consists of three main prongs: de minimis exception, effective tax rate test, and the substance-based income exclusion rule. These rules aim to ease the compliance burden and provide a more straightforward calculation for taxpayers. However, challenges such as transfer pricing adjustments and the timing of country-by-country reporting still need to be addressed to ensure the accuracy and eligibility for the safe harbor.
Transitioning from confidential to public country-by-country reporting
The introduction of public country-by-country reporting adds a new dimension to compliance obligations. While initially, country-by-country reporting was confidential, the EU and other countries are now pushing for public disclosure of these reports. This shift towards transparency raises concerns about the reliability and accuracy of the data reported. Taxpayers need to review their country-by-country reporting processes and ensure the data they provide is reliable and compliant to avoid reputational risks and potential public scrutiny.
Immediate steps to take for reliable country-by-country reporting
Given the increasing importance of country-by-country reporting for both Pillar 2 and public disclosure, taxpayers need to take immediate steps to ensure the reliability of their data. This includes reviewing their current reporting processes, implementing necessary changes, and working with internal stakeholders to understand the potential impact of public country-by-country reporting. The reliability and accuracy of the reported data will be crucial, and taxpayers should be prepared for increased scrutiny from tax authorities and the public.
The expanding requirements of transfer pricing documentation
As both the Pillar 2 safe harbor and public country-by-country reporting become more prominent, transfer pricing documentation requirements are evolving. Taxpayers need to be aware of potential changes in country-by-country reporting data points and the broader applications of this data. The focus on reliable and accurate reporting will continue to grow, making it essential for taxpayers to stay informed and adaptable to the evolving landscape of transfer pricing and country-by-country reporting.
Doug McHoney (PwC’s International Tax Services Global Leader) is joined by David Ernick, a Principal with PwC’s Washington National Tax Services Transfer Pricing Practice and former Associate International Tax Counsel at the US Treasury Department, at PwC’s Global Transfer Pricing Conference in San Diego, California. They discuss Country-by-country reporting (CbCR) transitional safe harbor rules, including the safe harbor tests, exclusions to the rules, the difference between the safe harbor rules and the full GLoBE rules, as well as whether a CbCR is ‘qualifying’. Doug and David also discuss the history and implementation of public CBCR.
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