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

Cameroon

Cameroon1 did not provide a completed peer review questionnaire to the Secretariat. It is not known whether Cameroon has implemented the transparency framework. Cameroon is recommended to ensure that it has put in place an effective information gathering process to identify all relevant past and future rulings and all potential exchange jurisdictions and to implement a review and supervision mechanism, as soon as possible, (ToR I.4). Cameroon is recommended to put in place a domestic legal framework allowing spontaneous exchange of information on rulings if needed and to ensure the timely exchange of information on rulings in the form required by the transparency framework (ToR II.5).

It is not known whether Cameroon can legally issue any types of ruling within the scope of the transparency framework,2 or whether in practice Cameroon issued any such rulings.

As no exchange of information on rulings was conducted, no peer input was received in respect of the exchanges of information on rulings received from Cameroon.

1. Cameroon did not provide written comments on this peer review report.

2. Note: According to publicly available information, it appears that Cameroon can legally issue advanced tax rulings.

Introduction

184.  This peer review covers Cameroon’s implementation of the BEPS Action 5 transparency framework for the calendar year 2017 (year in review). 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

185.  Cameroon was not yet able to complete the peer review questionnaire. It is not known whether Cameroon has implemented the transparency framework.

Conclusion on section A

186.  Cameroon is recommended to ensure that it has put in place an effective information gathering process to identify all relevant past and future rulings and all potential exchange jurisdictions and to implement a review and supervision mechanism, as soon as possible (ToR I.4).

B. The exchange of information

Legal basis for spontaneous exchange of information (ToR II.5.1, II.5.2)

187.  It is not known whether Cameroon has the necessary domestic legal basis to exchange information spontaneously. Cameroon is recommended to put in place a domestic legal framework allowing spontaneous exchange of information on rulings if needed (ToR II.5.1).

188.  Cameroon party to international agreements permitting spontaneous exchange of information, including (i) the Multilateral Convention on Mutual Administrative Assistance in Tax Matters: Amended by the 2010 Protocol (OECD/Council of Europe, 2011) (“the Convention”) and (ii) double tax agreements in force with 12 jurisdictions.1

Completion and exchange of templates (ToR II.5.3, II.5.4, II.5.5, II.5.6, II.5.7)

189.  It is not known whether Cameroon has put in place a process to exchange information on rulings in accordance with the form and timelines required by the transparency framework. Cameroon is recommended to ensure the timely exchange of information on rulings in the form required by the transparency framework.

Conclusion on section B

190.  Cameroon is recommended to put in place a domestic legal framework allowing spontaneous exchange of information on rulings if needed and to ensure the timely exchange of information on rulings in the form required by the transparency framework (ToR II.5).

C. Statistics (ToR IV)

191.  Cameroon did not provide statistical data for the year in review. In the absence of this information, no statistics can be reported.

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

192.  Cameroon 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
It is not known whether Cameroon has an information gathering process in place.	Cameroon is recommended to ensure that it has put in place an effective information gathering process to identify all relevant past and future rulings and all potential exchange jurisdictions and to implement a review and supervision mechanism, as soon as possible.
It is not known whether Cameroon has a domestic legal framework allowing spontaneous exchange of information on rulings if needed and has a process in place to ensure the timely exchange of information on rulings in the form required by the transparency framework.	Cameroon is recommended to put in place a domestic legal framework allowing spontaneous exchange of information on rulings if needed and to ensure the timely exchange of information on rulings in the form required by the transparency framework.

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.

OECD/Council of Europe (2011), The Multilateral Convention on Mutual Administrative Assistance in Tax Matters: Amended by the 2010 Protocol, OECD Publishing, Paris. http://dx.doi.org/10.1787/9789264115606-en.

Note

← 1.  Cameroon has Double Tax Agreements with: Belgium, Canada, Czech Republic, Egypt, France, Morocco, Romania, South Africa, Tunisia, Turkey, United Arab Emirates and Viet Nam.