BEPS (Base Erosion and Profit Shifting) refers to tax avoidance strategies that exploit gaps and mismatches in international tax rules to shift profits to low-tax or no-tax locations. The OECD/G20 BEPS Project produced 15 Action Plans (2015) to address these strategies, fundamentally reshaping international tax law worldwide.
India implemented BEPS measures through Finance Acts (2016–2022): Secondary adjustment rule (Sec 92CE), Master File/CbCR (Rules 10DA/10DB), POEM (Place of Effective Management, Sec 6(3)), Limitation on Benefits (DTAA amendments), and Equalisation Levy (2016, 2020). India joined Pillar Two framework but has not yet legislated GloBE rules.
UK implemented almost all BEPS Actions. Diverted Profits Tax (2015) preceded BEPS. Hybrid mismatch rules (Finance Act 2016). Corporate Interest Restriction (2017). UK legislated Pillar Two (QDMTTs and IIR) effective 1 January 2024 (Finance (No. 2) Act 2023).
EU Anti-Tax Avoidance Directives (ATAD I & II) implemented BEPS measures. Mandatory Disclosure Rules (DAC6). Pillar Two Directive (2022/2523/EU) requires EU member states to implement GloBE rules from 2024.
Key actions: Action 1 (digital economy — now Pillar One), Action 2 (hybrid mismatches), Action 5 (harmful tax practices), Action 6 (treaty abuse — PPT/LOB clauses), Action 7 (PE avoidance), Actions 8-10 (transfer pricing), Action 13 (CbCR), Action 15 (MLI).
Pillar Two introduces a 15% minimum effective tax rate for MNE groups with revenue over EUR 750M. The GloBE rules apply a top-up tax if a constituent entity's effective tax rate falls below 15% in any jurisdiction. Over 140 countries agreed to implement Pillar Two.
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