Harmful Tax Practices – 2017 Peer Review Reports on the Exchange of Information on Tax Rulings

Bulgaria

Bulgaria has met all aspects of the terms of reference (ToR) for the calendar year 2017 (year in review) that can be met in the absence of rulings being issued and no recommendations are made.

Bulgaria cannot legally issue any type of rulings within the scope of the transparency framework. Bulgaria issues “tax opinions” to individual taxpayers which give a general clarification with respect the interpretation and application of the tax legislation. Since these documents are very general and not legally binding on the tax administration, these tax opinions are not rulings as defined in the Action 5 report (OECD, 2015).

As no rulings were issued, no exchange of information was required. No peer input was received in respect of the exchanges of information on rulings received from Bulgaria.

Introduction

174.  This peer review covers Bulgaria’s implementation of the BEPS Action 5 transparency framework for the year 2017. The report has four parts, each relating to a key part of the ToR. Each part is discussed in turn. A summary of recommendations is included at the end of this report.

A. The information gathering process

175.  As no rulings are issued, this section is not assessed.

B. The exchange of information

176.  As no rulings are issued, this section is not assessed.

C. Statistics (ToR IV)

177.  As no rulings are issued, no statistical data can be reported.

D. Matters related to intellectual property regimes (ToR I.4.1.3)

178.  Bulgaria does not offer an intellectual property regime for which transparency requirements under the Action 5 Report (OECD, 2015) were imposed.

Summary of recommendations on implementation of the transparency framework

 

Aspect of implementation of the transparency framework that should be improved	Recommendation for improvement
	No recommendations are made.

References

OECD (2017), BEPS Action 5 on Harmful Tax Practices – Terms of Reference and Methodology for the Conduct of the Peer Reviews of the Action 5 Transparency Framework, OECD/G20 Base Erosion and Profit Shifting Project, OECD, Paris. www.oecd.org/tax/beps/beps-action-5-harmful-tax-practices-peer-review-transparencyframework.pdf.

OECD (2015), Countering Harmful Tax Practices More Effectively, Taking into Account Transparency and Substance, Action 5 - 2015 Final Report, OECD/G20 Base Erosion and Profit Shifting Project, OECD Publishing, Paris. https://doi.org/10.1787/9789264241190-en.