On 31 October 2016 the OECD made available the first schedule for peer reviews of countries under Action 14 of the action plan on base erosion and profit shifting (BEPS). Action 14 is concerned with ensuring that dispute resolution mechanisms for resolving tax treaty related disputes are more effective.

Documents in relation to the peer review process were released on 20 October 2016 and include the terms of reference to translate the minimum standard approved in Action 14 into a basis for the peer review; the assessment methodology to be used for the peer review and monitoring process; the mutual agreement procedure (MAP) statistics reporting framework; and guidance on the information and documentation to be submitted with a MAP request.

To prepare for the first batch of peer reviews the OECD’s Forum on Tax Administration (FTA) MAP Forum is now inviting taxpayers to submit their input into certain issues relating to access to MAP, clarity and availability of MAP guidance and the timely implementation of MAP agreements. A questionnaire has been made available for this purpose. Input should be submitted by taxpayers at the latest by 28 November 2016.

The first batch of peer reviews is scheduled for December 2016. The countries to be reviewed are Belgium, Canada, the Netherlands, Switzerland, UK and the US. The next batch of peer reviews would be launched in April 2017 and would include France, Germany and Luxembourg.

For certain developing countries the peer reviews have been deferred until 2020. These countries are Costa Rica, Egypt, Gabon, Georgia, Jamaica, Kenya, Pakistan, Paraguay, Senegal, Seychelles and Uruguay. In 2020 a further decision will be made for each of these countries on whether to go ahead with a peer review or defer the peer review for a further period of time.