Harmful Tax Practices – 2019 Peer Review Reports on the Exchange of Information on Tax Rulings

Qatar

Qatar has met all aspects of the terms of reference (OECD, 2017[3]) (ToR) for the calendar year 2019 (year in review) and no recommendations are made.

Qatar can legally issue five types of rulings within the scope of the transparency framework.

In practice, Qatar issued rulings within the scope of the transparency framework as follows:

• For the calendar year 2018: no future rulings, and

• For the year in review: one future ruling.

As no exchanges were required to take place by the end of the year in review, no peer input was received in respect of the exchanges of information on rulings received from Qatar.

A. The information gathering process

870. Qatar can legally issue the following five types of rulings within the scope of the transparency framework: (i) preferential regimes;1 (ii) cross-border unilateral APAs and any other cross-border unilateral tax rulings (such as an advance tax ruling) covering transfer pricing or the application of transfer pricing principles; (iii) rulings providing for unilateral downward adjustments; (iv) permanent establishment rulings; and (v) related party conduit rulings.

871. For Qatar, past rulings are any tax rulings issued prior to 1 September 2018. Future rulings are any tax rulings within scope that are issued on or after 1 September 2018.

872. In the prior year’s peer review report, it was determined that Qatar’s undertakings to identify future rulings and all potential exchange jurisdictions were sufficient to meet the minimum standard. In addition, it was determined that Qatar’s review and supervision mechanism was sufficient to meet the minimum standard. Qatar’s implementation in this regard remains unchanged, and therefore continues to meet the minimum standard.

873. Qatar has met all of the ToR for the information gathering process and no recommendations are made.

B. The exchange of information

874. In the prior years’ peer review reports, it was determined that Qatar’s process for the completion and exchange of templates were sufficient to meet the minimum standard. With respect to past rulings, no action was required. Qatar’s implementation in this regard remains unchanged and therefore continues to meet the minimum standard.

875. Qatar has international agreements permitting spontaneous exchange of information, including being a party to the (i) Multilateral Convention on Mutual Administrative Assistance in Tax Matters: Amended by the 2010 Protocol (OECD/Council of Europe, 2011[4]) (“the Convention”) and (ii) bilateral agreements in force with 74 jurisdictions.2

876. During the year in review, no exchanges were required to take place and no data on the timeliness of exchanges is reported. It is noted that one ruling was issued in the year in review, but this was only in December and therefore, the exchange took place in March 2020. This will be taken into account during next year’s peer review.

877. Qatar has the necessary legal basis for spontaneous exchange of information, a process for completing the templates in a timely way and has completed all exchanges. Qatar has met all of the ToR for the exchange of information process and no recommendations are made.

C. Statistics (ToR IV)

878. As there was no information on rulings exchanged by Qatar for the year in review, no statistics can be reported.

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

879. Qatar offers two intellectual property regimes. However, during the year in review these regimes were under review by the FHTP and therefore no transparency requirements under the Action 5 Report (OECD, 2015[1]) were relevant.3

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

[3] 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 Publishing, Paris, http://www.oecd.org/tax/beps/beps-action-5-harmful-tax-practices-peer-review-transparency-framework.pdf.

[1] 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://dx.doi.org/10.1787/9789264241190-en.

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