Model Answer
Model Answer:
Country-by-Country Reporting (CbCR) is a form of reporting by multinational enterprises (MNEs) initiated by the Organisation for Economic Co-operation and Development (OECD) in the Base Erosion and Profit Shifting (BEPS) Action 13 Report.
- It is part of the OECD's Base Erosion and Profit Shifting (BEPS) Action Plan 13.
- A CbC report provides local tax authorities visibility to revenue, income, tax paid and accrued, employment, capital, retained earnings, tangible assets and activities of the concerned MNE.
- In essence, CbC Report is an annual return that breaks down key elements of the financial statements by jurisdiction.
- This CbC report is used as a corroborating material by Income-tax Authorities in carrying out a revenue risk assessment. It specifies certain information including:
- (a) the aggregate information in respect of the amount of revenue, profit or loss before income-tax, amount of income-tax paid, amount of income-tax accrued, stated capital, accumulated earnings, number of employees and tangible assets not being cash or cash equivalents, with regard to each country or territory in which the group operates;
- (b) the details of each constituent entity of the group including the country or territory in which such constituent entity is incorporated or organised or established and the country or territory where it is resident;
- (c) the nature and details of the main business activity or activities of each constituent entity.
Background:
- Recently, the Central Board of Direct Taxes (CBDT) notified rules for furnishing Country by Country (CbC) specifying information pertaining to all large multinational enterprises (MNEs).
- Joint Director of Income-tax (Risk Assessment)-1 has been designated as the Income-tax Authority before whom particulars of the parent entity and alternate reporting entity would be notified.
- The Organisation for Economic Cooperation and Development (OECD) had developed an Action Plan called "Base Erosion and Profit Shifting (BEPS) Action Plan 13" to ensure that a multinational enterprise would report its profit correctly where it is earned.
- Under BEPS Action Plan 13, all large multinational enterprises (MNEs) are required to prepare a CbC report with aggregate data on the global allocation of income, profit, taxes paid and economic activity among tax jurisdictions in which they operate.
- As per corresponding provisions of Indian Income Tax laws, every MNE group which has a constituent entity resident in India is mandated to notify its parent entity and alternate reporting entity and the countries where such entities are resident.
- Such parent entity or alternate reporting entity is required to furnish a report called Country-by-Country Report specifying certain information including the aggregate information in respect of the amount of revenue, profit or loss before income-tax, amount of income-tax paid, amount of income-tax accrued, stated capital, accumulated earnings, number of employees and tangible assets not being cash or cash equivalents with regard to each country or territory in which the group operates.
- It is also required to furnish the details of each constituent entity of the group including the country or territory in which such constituent entity is incorporated or organised or established and the country or territory where it is resident.
- The nature and details of the main business activity or activities of each constituent entity is also to be furnished.
- Central Board of Direct Taxes(CBDT) had notified rules for the purpose and the income tax authority for the purpose shall be the Joint Commissioner as may be designated by the Director General of Income tax (Risk Assessment).
- In view of the above amendment and in exercise of the powers conferred by Section 286 of the Act, the Director General of Income Tax (Risk Assessment) has designated the Joint Director of Income Tax (Risk Assessment)-1 as the Income Tax Authority for the purpose of section 286 of the Act, with effect from April 1, 2020.
Base Erosion and Profit Shifting (BEPS):
The (OECD)’s Base Erosion and Profit Shifting (BEPS) initiative seeks to close gaps in international taxation for companies that allegedly avoid taxation or reduce tax burden in their home country by engaging in tax inversions (moving operations) or by migrating intangibles to lower tax jurisdictions.
Procedure of Answer Writing:
To participate in the answer writing
program, Register yourself for the test. Copies will be evaluated
only for the registered students. Registration will be closed after
the scheduled date.
Answer Writing, Copy Evaluation, and Marks Improvement
Cycle:
Step 1 (Theme, Details & Its
Topics):
- Every round of Answer writing initiative will be around a theme
related to the Subject/Topic.
- Please read the theme and its description, and try to cover the
topics given within the theme before writing the answer along with
the sources.
Step 2 (Answer
Writing):
- Questions will be uploaded on the portal on the scheduled date at
7:00 AM.
- You have to write your answers on an A4 size sheet leaving margins
on both sides based on the UPSC pattern.
- Mention your name, email id, location, and phone number on the 1st
page in the top right corner and the page number on each page.
- After writing the answers, Click pictures of each page of your
answer sheet, merge them all in a single PDF and upload them in the
upload section of the same question.
- Kindly submit your written answers before 7:00 PM. Only the
first 100 copies will be considered for evaluation. No request
for late submission or evaluation will be entertained once the
100 mark is reached.
Note: Answer sheets without the
proper guidelines given above will not be accepted for
evaluation.
Step 3 (Copy
Evaluation): Copies will be evaluated in the
next 72 hours of the test date. After evaluation, copies will be uploaded
into your account. During the copy evaluation period, doubt clearing and
discussion about the theme or topic of the test with respective mentors
of the test will be done in the telegram group.
Step 4 (Mentorship):
Evaluated copies will be sent to you via mail and also uploaded into
your account on the website. After that a mentorship session for the
marks improvement with respective faculty will be conducted on the
Google Meet, so that students can get a wider perspective of the
topics. Here you can discuss your evaluated copies also with the
faculty. Top 5 copies of every test will be shared in the telegram group for
reference.
Note: Aspirants who have not written the test can also participate in
the mentorship session.
For Updates and Mentorship of the session, you will be notified
through SMS or Telegram Group.