TPG2022 Chapter IV paragraph 4.63

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The work on Action 14 also addresses a number of other aspects related to the content of mutual agreement procedure programme guidance:

  • Element 3.2 of the Action 14 minimum standard states that countries should identify in their mutual agreement procedure programme guidance the specific information and documentation that a taxpayer is required to submit with a request for competent authority assistance. Pursuant to element 3.2, countries should not deny access to the mutual agreement procedure based on the argument that a taxpayer has provided insufficient information where the taxpayer has provided the required information and documentation consistent with such guidance.
  • Element 2.6 of the Action 14 minimum standard states that countries should clarify in their mutual agreement procedure programme guidance that audit settlements between tax authorities and taxpayers do not preclude access to the mutual agreement procedure.
  • Certain of the non-binding Action 14 best practices additionally recommend that countries’ mutual agreement procedure programme guidance should include: an explanation of the relationship between the mutual agreement procedure and domestic law administrative and judicial remedies (best practice 8); guidance on the consideration of interest and penalties in the mutual agreement procedure (best practice 10); and guidance on multilateral mutual agreement procedures and advance pricing arrangements (best practice 11). Best practice 9 recommends that this guidance provide that taxpayers will be allowed access to the mutual agreement procedure so that the competent authorities can resolve through consultation the double taxation that can arise in the case of bona fide taxpayer initiated foreign adjustments.

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