On 24 February 2020 the OECD published the eighth round of stage 1 peer review reports. The reports related to for Brunei Darussalam, Curaçao, Guernsey, Isle of Man, Jersey, Monaco, San Marino and Serbia.
The reports look at the extent to which the countries have implemented the minimum standard on dispute resolution under Action 14 of the OECD project on base erosion and profit shifting (BEPS). The reports contain specific recommendations that should be implemented by the countries. The implementation of these recommendations will be assessed during stage 2 of the peer review process. The peer review reports also include statistics on the mutual agreement procedure (MAP) covering the years 2016 to 2018.
So far the OECD has finalised 60 stage 1 peer reviews and 13 stage 1 and stage 2 peer reviews in relation to the minimum standard on dispute resolution. A second group of stage 2 peer review reports is to be released soon.
After the OECD published BEPS reports in 2015, the improvement of the tax treaty dispute resolution process has an important focus of the ongoing BEPS Project. The peer review and monitoring process relating to the MAP under BEPS Action 14 commenced in December 2016 looks at issues such as access to the mutual agreement procedure; the availability of clear MAP guidance; and the implementation of the outcomes of the MAP.
The agreed reporting framework under BEPS action 14 outlines the agreed definitions of a MAP case and details of the procedure such as the start date, end date and outcome of the competent authority process. These agreed definitions are used in producing the statistics for the number of MAP cases and the average time required to finalise a MAP case. The statistics also include the types of cases concerned and the outcomes of the procedure. The minimum standard under action 14 requires countries to try to resolve MAP cases within 24 months on average.