G20 Foundation Publications China 2016 | Page 22

TRADE & FINANCE CREATING THE FRAMEWORK FOR CROSS BORDER TAX ROBERTO BERNALES International tax consultant and Professor of Tax Law of the University of Deusto 22 A long way has been walked since 2009 when the new era in tax exchange of information started. Today there seems to be consensus between most jurisdictions in the world on the steps take n and the work developed by the Global Forum on Transparency and Exchange of Information and the OECD, and their implementation in the next future (i.e. the implementation of the exchange of information on request (EOIR) standard by 2017, and the automatic exchange of information (AEOI) standard, meaning the common reporting standard, CRS, referred to financial information, by 2018. Further, jurisdictions signing the multilateral Convention on Mutual Administrative Assistance in Tax Matters and the multilateral Competent Authorities Agreement for the CRS, as the complementary tool needed to facilitate the practical application of the Convention, are increasing thus making it possible the establishment of a robust tax transparency framework. However, to enable a real cross-border tax transparency some elements should be strengthened and other elements should be included in the current framework. The AEOI should be expanded not only to financial information and country by country reporting but also to beneficial ownerships. It is clear that the implementation of the beneficial owner information standard is not working properly. Further, in too many cases trusts, foundations and other similar arrangements seem to be out of the set of rules created to guarantee tax transparency. A common approach to this issue from common law and civil law jurisdictions, avoiding the existing reluctances between them, is needed in order to guarantee real tax transparency. If we want the legal framework to be more than a formal structure that can be easily avoided, a step forward should be taken in order to implement a system where tax authorities shared their tax rulings provided to their multinational taxpayers (in line with the new EU directive). Experience shows that the lack of transparency on tax rulings can be exploited by certain companies to reduce their fair tax contribution, with the complicity of some governments which play a disloyal role to the international community and, even worse, to their own taxpayers.