Czech Republic: APAs, country-by-country reporting | KPMG | BE
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Czech Republic: Automatic exchange of APAs, country-by-country reporting proposals

Czech Republic: APAs, country-by-country reporting

A draft amendment presented to the chamber of deputies would transpose, into Czech law, an amendment reflecting an EC Directive on the mandatory automatic exchange of information in the field of taxation. The draft amendment introduces the automatic exchange of information concerning tax rulings with cross-border elements. In the Czech Republic, this would only involve the exchange of advance pricing agreements (APAs), since other types of binding rulings do not include a cross-border element.


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The deadline for transposition is 31 December 2016. Consequently, the Czech government has proposed to “fast-track” this draft amendment in the chamber.

KPMG observation

In the Czech Republic (as well as other EU countries), taxpayers may ask the tax authority to assess and issue a ruling concerning transfer prices applied between related parties within a group of companies. The European Commission’s recent inspections show, however, that some European tax authorities’ decisions in this respect may have affected the distribution of profit between or among various EU Member States. In some instances, the EC had considered that such rulings may constitute a breach of EU public aid rules. With the directive, EU Member States automatically will have information about APAs affecting their tax revenues at their disposal.

Automatic exchange of APAs

The automatic exchange of information would involve, apart from other information, the identification of the entities involved in the APA, the APA’s content in summary form, a description and value of a transaction, the selected transfer pricing method as well as the designation of the EU Member State that may be affected by the APA. The APA’s full text would only have to be submitted to the appropriate tax authority on demand.

Effective date

The amendment is expected to be effective 1 January 2017. Tax authorities within the EU would begin to exchange information about all APAs issued in the period from 1 January 2012 to 31 December 2016 and effective on and after 1 January 2014, on a one-off basis. The deadline for conducting this one-off exchange would be 31 December 2017. After that, the automatic exchange of information would occur regularly, always twice a year. The Czech General Financial Directorate would be responsible for processing received information regarding APAs issued abroad as well as APAs affecting Czech entities. 

CbC reporting

In August 2016, the Ministry of Finance submitted for public comments an amendment to the Czech law concerning implementation of country-by-country (CbC) reporting—another type of automatic information exchange. Under this provision, corporate groups would be required to prepare reports and disclose information relevant to an assessment as to whether the group’s tax base has been justly distributed between the separate EU Member States and jurisdictions.

The EC has expressed its position that CbC reporting will help introduce fairer economic competition among multinational groups. The CbC reporting obligation would apply to groups whose ultimate parent entity is located in the EU, as well as to groups that are managed from non-EU countries, but only to multinational corporate groups that have consolidated income for the entire group of €750 million (approximately CZK 20 billion) or more. This legislative amendment is proposed to be effective from 5 June 2017.

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