OECD: Progress report on Amount A of Pillar One, including revised schedule; public consultation

The Organisation for Economic Cooperation and Development (OECD) today issued a release seeking public comments on a Progress Report on Amount A of Pillar One [PDF 1.55 MB]—part of the ongoing work of the OECD/G20 Inclusive Framework on base erosion and profit shifting (BEPS) in implementing the two-pillar solution to address the tax challenges arising from the digitalisation of the economy.

As explained by today’s OECD release,

• The Amount A progress report includes a consolidated version of the operative provisions on Amount A (presented in the form of domestic model rules), reflecting the technical work completed thus far.
• The report does not yet include the rules on the administration of the new taxing right, including the tax certainty-related provisions, which will be released in due course and before the Inclusive Framework meeting in October 2022.
• Frequently asked questions [PDF 318 KB], as well as a fact sheet [PDF 385 KB], are available to provide an overview on the application of the rules.
• The report is a consultation document released for purposes of obtaining further input from stakeholders on the technical design of Amount A.
  • When relevant, input should refer to the relevant section of the rules.
  • While comments are invited on any aspect of the rules, input will be most helpful that explains the additional guidance that would be needed to apply the rules to the circumstances of a particular type of business, as well as input on whether anything is missing or incomplete in the rules.

Comments are requested by 19 August 2022, and instructions for submitting comments can be found in the consultation document.

The OECD also released a cover note [PDF 205 KB] to the Amount A progress report, which sets out a revised schedule for completion of the work on Amount A:

• Following the conclusion of the public consultation on the Amount A progress report, the Inclusive Framework will review stakeholder input and seek to stabilize the rules at its meeting in October 2022.
• The work on the detailed provisions of the new Multilateral Convention (MLC) and its Explanatory Statement are expected to be completed so that a signing ceremony of the MLC can be held in the first half of 2023 with the objective of enabling it to enter into force in 2024 once a critical mass of jurisdictions as defined by the MLC have ratified it.

As explained in a related OECD release today, technical work under Pillar Two, which introduces a 15% global minimum corporate tax rate, is largely complete, with an implementation framework to be released later this year to facilitate implementation and co-ordination between tax administrations and taxpayers. 

In addition to an update on both Pillars, the Amount A progress report updates progress in the implementation of the transparency agenda.

• The most recent data gathered by the OECD-hosted Global Forum on Transparency and Exchange of Information for Tax Purposes shows that information on at least 111 million financial accounts worldwide was exchanged automatically between administrations around the globe in 2021, covering total assets of nearly €11 trillion.
• Later this year, the OECD will finalize a new crypto-assets reporting framework (CARF) and amendments to the common reporting standard (CRS) to ensure that countries can continue to benefit from tax transparency standards.