OECD CbyCR template
The final template and guidance was published on 16 September 2014 and details can be found on the OECD website (external link).
As a reminder, the responses to the original consultation document issued on 30 January 2014 are available on the OECD website (external link). A number of the concerns raised were addressed and have been reflected in the current template and guidance. In particular the current approach permits companies flexibility in sources of data for the template which is welcomed. Companies will however need to carefully assess which data sources to use in getting the balance right between minimising the compliance burden and providing the most accurate view of their tax position and value chain.
The OECD are doing further work to assess the implementation approach and mechanism for submitting and sharing the CbyC template and Master and Local file. A recommendation is expected by February 2015 so at the latest, we would expect countries to start implementing after that date, although there is a possibility that some countries may take steps before then. The UK Government has publically stated (external link) their commitment to implementing the CbyCR template although no implementation date has yet been announced.
In our experience given the time it will take for companies to assess the requirements, determine the most appropriate data gathering approach and implement new processes and potentially new technologies, companies should now start to prepare.
There are a number of complexities that companies will have to consider in their strategy including determining the relevant entities in scope, interpreting the OECD guidance in key areas such as definitions of revenue and corporate income tax, gathering data consistently and accurately for each country/entity, and aligning the CbyCR template with the new Master File and Local File. Find out how we can help (PDF 290 KB).
Other CbyCR requirements
The OECD CbyCR template is not the only country by country reporting requirement. Our briefing document (PDF 742 KB) summarises the various other mandatory reporting requirements affecting companies in certain specific sectors. Companies in these sectors will need to comply with these regulations plus the OECD CbyCR template so will need to assess how to gather data efficiently to meet all relevant regulations. There are some differences in the definitions and requirements and companies will want to assess how to articulate the reason for any differences between these reports and the CbyC template as they will all be available to tax authorities.
In particular, the UK government has announced it intends to implement Chapter 10 of the EU Accounting Directive for Extractive industries for financial years commencing on or after 1 January 2015. Companies that fall within the scope of this directive will need to consider the draft legislation and start to prepare.