公共国别报告：跨国集团税收透明度的新时代及行动要求

Immediate Action Global tax transparency continues to evolve rapidly, with governments placing increasing emphasison public accountability and visibility into multinational tax practices. One of the most significantdevelopments in recent years is the introduction of Public Country-by-Country Reporting (“Public Public CbCR has been discussed globally for severalyears following the adoption of the EU Public CbCRDirective and subsequent developments in Moldovaand Australia.1,2,3However, the regime is now becomingimmediately relevant for many MNE groups as the firstreporting periods have already commenced in severaljurisdictions. For many MNE groups with a December year- Development (“OECD”) as part of Action 13 of the OECD/G20 Base Erosion and Profit Shifting (“BEPS”) Project,under which MNEs report jurisdictional tax and financialinformation to tax authorities. Public CbCR regimes,extended this framework by requiring similar information, What is Public CbCr? Public CbCR requires large MNE groups to publiclydisclose selected financial and tax information ona country-by-country basis. The regime builds on Why was Public CbCR introduced? —Enhancing transparency of multinational taxpractices across jurisdictions—Enabling informed public debate on corporate taxcontributions MNE groups have come under increasing scrutiny fromregulators, investors and the public primarily due to concernsregarding BEPS, where profits are reported in jurisdictionswith lower tax rates rather than where substantive economicactivities occur. This has created a perceived misalignmentbetween profit generation and tax payments. As a result,stakeholders are demanding greater transparency to assesswhether multinational groups are paying their “fair share” of Case Study – Applicability of Public CbCR for aUAE Headquartered Multinational Group For the purposes of our analysis, we have considered thesize criteria specified under the EU Directive. However, thethresholds and size criteria under each EU Country PublicCbCR regulations may differ and should therefore be XYZ Group is a MNE headquartered in the UAE, with itsUltimate Parent Entity (“UPE”) located in the UAE. Thegroup reported consolidated revenue exceeding EUR1.5billion in both FY 2023 and FY 2024 and operates acrossmultiple jurisdictions, including subsidiaries in EU XYZ Limited– The subsidiary does not meet at leasttwo of the three applicable size criteria and, accordingly, XYZ LLC– The subsidiary meets all three applicablesize criteria and, therefore, satisfies the threshold for Step 3 – Public CbCR Filing Obligations in EU Country 2 The report must be submitted to the commercial registryin EU Country 2 and published on the company’s website. Although XYZ Limited does not independently triggerPublic CbCR filing obligations, the financial and taxinformation relating to XYZ Limited would still be included Step 1 – Assessing the consolidated revenue thresholdfor MNE group:The consolidated revenue of the XYZGroup exceeded EUR750 million in both FY 2023 and FY Step 4 – Potential disclosure in Public CbCR Step 2 – Determine whether EU presence triggers PublicCbCR:Public CbCR obligations arise where the group hasEU subsidiaries meeting the applicable size criteria Based on the EU Public CbCR framework, the disclosuremay generally be presented as follows: —Information relating toEU Member States(includingEU Country 1 and EU Country 2) would be required —Information relating to certain“non-cooperative”jurisdictionsor other specifically designated —Information relating to other jurisdictions maygenerally be aggregated and presented under a single Early preparation is particularly important for MNEgroups with complex multi-jurisdictional structures, as itallows time to clarify obligations, align data, and managethe narrative around disclosures This is not only due to Middle East Perspective While Public CbCR has not yet been formallyimplemented in the Middle East, MNE groupsheadquartered or operating in the region may still beimpacted due to their international footprint. ManyMiddle East-based groups have operations in the EU,Moldova and Australia through subsidiaries, branches Non-compliance with Public CbCR requirements mayresult in financial penalties, regulatory and legalexposure and reputational risks. Delays can lead tocompressed timelines, increasing the risk of errors,regulatory non-compliance, and potential financialpenalties. More importantly, given the public nature Regional MNE groups with international operationsshould consider initiating Public CbCR readinessassessments. An effective readiness approach requires How FTI can help Risk Identification and scoping (Immediate Action) Public CbCR should not only be viewed solely as acompliance exercise. It requires careful interpretationof legislative requirements, robust data alignment, andproactive risk management. FTI supports MNE groups —Identifying EU and Australian entities within the group—Assessing