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OECD
August 24 2017

FAQ: What is Country-by-Country reporting?

News Letters

Country-by-Country (CbC) reporting is part of a larger initiative by the  Organisation for Economic Cooperation and Development (OECD) known as the Base Erosion and Profit Shifting (BEPS) project. CbC reporting generally impacts large multi-national businesses. Because CbC is part of BEPS it is important to be familiar with the core concepts.

BEPS

The BEPS project is designed to curb tax avoidance. “No single rule or provision is the root cause of base erosion,” the OECD has explained. “It is the interplay among different rules that generate base erosion and profit shifting: domestic laws and rules, international standards, and the lack of data and information.”

As part of BEPS, the OECD recommended that jurisdictions adopt CbC reporting by multinational groups to report their business activity for each country where they operate. The U.S. has signed on.

IRS regulations

The IRS issued regulations last year. The “ultimate parent entity” of a multinational entity (MNE) generally must file a CbC report with the IRS. The MNE group must include at least one business entity organized in, or be a tax resident of, a jurisdiction outside the U.S., and must have revenues of $850 million or more for its preceding annual accounting period.

Special form

The IRS is developing a special form for CbC reporting. This is Form  8975, Country-by-Country Report. Currently, Form 8975 is in draft form.

Form 8975 is to be used to report a U.S. multinational entity (MNE) group’s income, taxes paid, and other indicators of economic activity on a country-by-country basis. The reporting period covered by Form 8975 is the period of the ultimate parent’s annual applicable financial statement that ends with or within the parent’s tax year, or, if the parent does not prepare an annual applicable financial statement, the ultimate parent’s tax year.

The IRS generally will make the reports available to tax authorities. However, there will be limits on disclosure. The IRS has explained that the data captured by Form 8975 will be used for “high-level assessment of transfer pricing, and other base erosion and profit shifting tax risks, and for economic and statistical analysis.”

Filing period

Beginning on September 1, 2017, Form 8975 may be filed for a reporting period with the income tax return for the tax year of the ultimate parent of the U.S. MNE with or within which the reporting period ends. In Revenue Procedure 2017-23, the IRS allowed U.S. ultimate parents to file Form 8975 for periods beginning after January 1, 2016, and prior to the required reporting period.

Other developments 

Recently, a group of lawmakers in Congress asked the Financial Accounting Standards Board (FASB) to look at country-by-country reporting. The lawmakers recommended that FASB “require multinational corporations to disclose their income, assets, number of employees, and taxes paid on an annual, country-by-country basis.”

If you have any questions about CbC reporting, please contact our office.

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Deanna Ramsey, CPA, LLC | 205 Frankfort St., Versailles, KY 40383
Copyright Deanna Ramsey, CPA, LLC 2017. All right reserved.
New Business Law

Greetings, and I hope all is well. I am reaching out to you today to ensure you are aware of certain tax laws that affect pass-through entities in the Commonwealth of Kentucky. You may elect on an annual basis to pay Kentucky income tax and expense those taxes at the entity or business level, which could provide tax savings to you on your personal tax return. Under existing law, a “pass-through entity” (PTE) includes any partnership, S corporation, limited liability company, limited liability partnership, limited partnership, or similar entity recognized by the laws of Kentucky that is not taxed for federal purposes at the entity-level, but instead passes to its owners their proportionate share of income, deductions, gains, losses, credits, and similar attributes.

 

Electing to pay Kentucky income tax at the business level is optional and must be done each tax year on KY Form 740-PTET, along with making the requisite estimated tax payments using KY Form 740-PTET-ES. The electing entity may be subject to penalties if the estimated tax payments are not made timely and correctly. An election to pay estimated payments through the business entity for a particular tax year is binding for all entity owners for the entire tax year. An election for a year is only for a single year and subsequent elections must be made each year you wish to pay Kentucky income tax at the entity level.

 

Owners of electing entities are entitled to a refundable credit against Kentucky’s individual income tax equal to 100% of their proportionate share of the tax paid by the electing entity. The entity must report to each owner the owner’s proportionate share of tax paid for the taxable year. This provision prevents double taxation at both the entity and owner levels, allowing the business to pay and expense the taxes, thereby no longer recognizing them as an Owner’s Draw.

 

We encourage you to contact us to discuss how this applies to you and to address any questions you may have about your specific tax situation, or if you require assistance with calculating your estimated tax payments. We are here to help you navigate these requirements and ensure your business remains compliant.