OECD COVID-19 TPG paragraph 101

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Revocation may be considered where:

(i) there is a misrepresentation, mistake or omission that was attributable to the neglect, carelessness, or wilful default of a taxpayer when filing an APA request and submission, the annual reports, or other supporting documentation or in supplying any related information; or

(ii) the participating taxpayer (or taxpayers) fails to materially comply with a fundamental term or condition of the APA.

The pandemic has not altered that standard. Accordingly, revocations of APAs whose terms extend into the period of the COVID-19 pandemic should be limited (just like arising in any other circumstances) to situations where the actions, as provided above53, that meet the standard for revocation regardless of whether such actions arose because of the pandemic.

53 Paragraph 77 Annex II to Chapter IV of the OECD TPG.

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