APEC Project Proposal

Project No.FMP 01 2019A
Project TitleAdvances in Base Erosion and Profits Sharing (BEPS), Exchange of Information, Transparency, Tax Certainty and Promoting Good Tax Practices
Project StatusProject in Implementation
Publication (if any)
Fund AccountAPEC Support Fund
Sub-fundASF: General Fund
Project Year2019
Project SessionSession 1
APEC Funding136,250
Co-funding Amount49,530
Total Project Value185,780
Sponsoring ForumFinance Ministers Process (FMP)
TopicsFinance
CommitteeSenior Finance Officials Meeting (SFOM)
Other Fora Involved
Other Non-APEC Stakeholders Involved
Proposing Economy(ies)Chile
Co-Sponsoring EconomiesMexico;Peru;Philippines
Expected Start Date01/07/2019
Expected Completion Date30/08/2020
Project Proponent Name 1Maria Luisa Marraccini (wef 23 Dec 2020)
Job Title 1Not Applicable
Organization 1Ministry of Finance
Postal Address 1Not Applicable
Telephone 1(56-2) 28282047
Fax 1Not Applicable
Email 1mmarraccini@hacienda.cl
Project Proponent Name 2Not Applicable
Job Title 2Not Applicable
Organization 2Not Applicable
Postal Address 2Not Applicable
Telephone 2Not Applicable
Fax 2Not Applicable
Email 2Not Applicable
DeclarationMaria Luisa Marraccini
Project Summary

BEPS, exchange of information and transparency continue to be a priority for APEC economies. Accordingly, APEC Finance Ministers decided to welcome further efforts to be channeled through Chile´s host year 2019, following the work plan initiated in Viet Nam and continued in Papua New Guinea´s host year.

Acknowledging progress in these areas, this three-day workshop will focus on the advances on BEPS Actions, transparency and promotion of good tax practices, such as tax certainty, to enhance certainty, transparency and fairness to the tax system.  The workshop will be held in Santiago, on March 2020, and will allow APEC economies to share best practices, common challenges and continue promoting mutual support.

The workshop will be delivered by Chile and the OECD and will comprise tax experts’ presentations, breakout discussions and continuous dialogue, within APEC economies on international tax perspectives.  A project summary report will be published on July 2020.

Relevance

Relevance – Region: It supports the FMP´s contribution to the work plan initiated in Viet Nam´s host year 2017 on the implementation of the BEPS package and transparency measures (such as, the internationally-agreed Automatic Exchange of Information (AEOI) standard).  It also supports the implementation of Pillar 2 of the Cebu Action Plan to advance on fiscal reforms and transparency by sharing knowledge on good tax practices and foster policy and technical discussions among APEC economies.

The advance in the implementation of the BEPS package is a current and important concern for the APEC economies, as the actions on the BEPS package aim at the protection of the tax base and enhancement of international cooperation for such purpose.  Developing APEC economies still face internal challenges in building capacity for the implementation of the legal and administrative frameworks, e.g. addressing an efficient and effective dispute resolution mechanism under OECD standards.  On the other hand, developed APEC economies have acknowledged new challenges that result from the implementation of the BEPS package, e.g. the framework for taxation of the digital economy.

This workshop will provide an opportunity for developed and developing APEC economies to share experiences and foster cooperation in relation to the advances on the implementation of the BEPS package and transparency standards (such as, the internationally-agreed AEOI standard).  In addition, this workshop will allow acknowledging other good tax practices, such as tax certainty, that enhance certainty, transparency and fairness to the tax system, as well as sharing experiences on how those attributes are relevant for promoting trade, investment and a favorable business environment in the APEC region. 

Relevance – Eligibility and Fund Priorities: It meets the eligibility criteria as it supports capacity building needs for APEC economies.  It will provide an opportunity for public officials to learn from international organizations, tax experts and other APEC economies experiences, and share best practices and common challenges, regarding the BEPS package, exchange of information, transparency, and other good tax practices, such as tax certainty, as well as promoting regional economic integration and strong Ministerial leadership.

Consequently, it will provide officials with an opportunity to develop adequate skills and knowledge to successfully progress in these matters, beside strengthening the certainty, transparency and fairness of the tax system, considering each economy´s specific needs.  As aimed by the Cebu Action Plan, this workshop will support the development of human capital throughout the APEC region as it provides public officials from APEC economies with tools and knowledge for advancing the implementation of the BEPS package and transparency standards (such as, the internationally-agreed AEOI standard), and awareness of good tax practices, such as enhancing tax certainty. 

Relevance – Capacity Building: It will build the capacity of the participants to favor policy and technical discussions regarding appropriate ways and approaches to enhance international cooperation on tax matters. In particular, capacity will be built regarding the BEPS package, exchange of information and other good tax practices, such as tax certainty and how the current discussions on the digitalization of the economy may preset an opportunity for improving the effectiveness of these measures.  The aforementioned benefits are directly related to the protection of the tax base and an increase in tax certainty, transparency and fairness of the tax system, which encourage trade, investment and a favorable business environment in the APEC region.  Participants and international tax experts will present their views and propose policy options for legal, technical and administrative frameworks that can further contribute for achieving these goals.

Officials from developing economies will benefit directly as they will be able to develop or strengthen theoretical and practical knowledge, from the opinion and experiences of international organizations, tax experts and other economies regarding these matters, thus being able to improve their skills and expertise on the subject and fostering cooperation among APEC members.  This will help reduce economic disparities and improve social well-being in the APEC region in the long term, as good tax practices contribute to the optimization of trade, investment and achievement of a favorable business environment.

Objectives
To build the technical and policy abilities of APEC members regarding their BEPS implementation efforts, transparency standards and other good tax practices such as tax certainty, which are relevant to protect the tax base, reduce economic disparities, and encourage trade, investment and a favorable business environment.  It will provide an opportunity to strengthen cooperation within the region to address the APEC-wide issue of tax cooperation and transparency, as well as to work towards a fair, sustainable and modern tax system.
Alignment

Alignment - APEC:  It supports the 2017 FMP Joint Ministerial Statement by strengthening regional cooperation and exchanging experiences, approaches and good practices in relation to the development of tax policy, legislative design and tax administration, to address the challenge of enhancing certainty, transparency and fairness to the tax system.  It also supports progress in the implementation of the Cebu Action Plan and the Framework for Strengthening Economic Cooperation and Development goals, as it pursues economic cooperation and development in the region on the basis of mutual respect and equality, as well as mutual benefit and assistance which will contribute for building human capital. 

Alignment – Forum: The 2018 FMP served as a support for APEC members to address the complex challenges that arise from the implementation of the BEPS package and transparency standards (such as, the internationally-agreed AEOI standard). In that sense, this workshop will reinforce the continuing efforts that APEC economies have undertaken regarding tax matters, not only in 2018 but since 2015, however aiming to update the discussion to the latest developments in the international tax field.  In fact, it aligns with the 2015 FMP Joint Ministerial Statement, para. 3; 2016 FMP Joint Ministerial Statement, para. 23 and 24; 2017 FMP Joint Ministerial Statement, para. 4, 5, 11 and 12; and 2018 FMP Joint Ministerial Statement, para. 14 and 15.  It also seeks progress in the implementation of the Cebu Action Plan, Pillar 2 (Advancing Fiscal Reforms and Transparency), by coordinating APEC economies efforts to develop domestic, regional and global sustainable mechanisms of mutual support in the implementation of the BEPS package and transparency standards (such as, the internationally-agreed AEOI standard) including cooperation with the ongoing work of the OECD and the G20 regarding these matters.  Finally, it aims at cooperation to develop capacity in APEC economies for implementing solutions to address the task of protecting the tax base and enhancing certainty, transparency and fairness to the tax system.

TILF/ASF Justification
Not Applicable.
Beneficiaries and Outputs

Outputs:

1) Workshop: A three-day workshop will be held in Santiago, Chile on the last week of March 2020.  The workshop will be delivered by Chile and the OECD. The OECD will support the organization of the workshop in relation to the topics to be discussed, logistics and, for expanding our network for promoting the participation and engaging tax experts.  In addition, the OECD will participate through its international tax experts in panels and as speakers.

The workshop will be focused on advances on the implementation of the BEPS package, transparency standards (such as, the internationally-agreed AEOI standard) and promotion of good tax practices, particularly tax certainty.

Each day of the workshop will focus on one of these topics.

Under each general subject, specific issues will be presented or addressed, for example:

a) In relation to the BEPS package, one session will focus, for instance, on an update on the implementation of the BEPS minimum standards by Inclusive Framework members and within APEC economies.

b) In relation to the transparency standards, one session will focus, for instance, on the Common Reporting Standard and, another session, on opportunities for increasing the effectiveness of exchange of information between tax authorities under their efforts in becoming more digital.

c) In relation to tax certainty, one session will focus, for instance, on the relevance of the Tax Ombudsman and, another session, on joint audits and collaborative processes.

Each session will consist of a general introduction of the technical issue followed by either a panel of APEC members or interaction between participants on the topics presented.  The panels will be formed considering diversity of APEC members with preference to gather economies with different levels of implementation of a given policy.  For some specific topics, breakout discussions or round tables will be carried out gathering APEC economies´ delegates in smaller groups to share experiences, common challenges or identifying key elements.  Each table should point out a rapporteur to take notes and present the main conclusions to the chairs.  Notes will be reviewed and, if applicable, included in the final PSR (authorization will be required for including specific notes).

2) Survey: A survey to evaluate the impact of the workshop will be carried out.  Participants will be surveyed at the beginning and at the end of the workshop to measure the new knowledge acquired during the activity.  The surveys will also allow to obtain information about the initial understanding and knowledge and final perspectives with respect to the topics discussed, the level of interaction, the experiences and best practices that are likely to be followed domestically, among other. In addition, it is expected that the survey will serve as a tool to evaluate the general satisfaction of participants and to identify priorities and next steps to be followed in the nearby future.

3) Evaluation: After the completion of the workshop an evaluation will be carried out. The evaluation will gather general statistical information in relation to the project, such as attendance, gender disaggregated data, participation by international tax experts, among other.  The evaluation will be construed as an asset for the final PSR.

4) Project Summary Report (“PSR”): A PSR will be published focusing on the key aspects and the main conclusions drawn from the workshop, including the information obtain through the survey and the evaluation.  It is expected that the PSR will serve as a guide for next steps and future APEC tax related projects, particularly for following Finance Ministers Meetings and to tax authorities or officials of the APEC economies.

The PSR will not exceed 20 pages and be organized in six chapters:

a) Introduction

b) Formal aspects: attendance to the workshop activities, experts and economies participation, disaggregated information by gender and economies;

c)  Result of the surveys, analysis of differences at the beginning and the end of the workshop, level of learning and evaluation of the relevance of the tools for local implementation.

d) Summary of the most important points addressed on each of the workshop’s topics, including questions and answers.

e) Summary of challenges that APEC economies identified, disaggregated by economies characteristics (e.g. region, level of development, etc.).

f) Conclusions, recommendations and, suggestions to continue working under common grounds in future tax related projects in benefit of the APEC region.

PSR will not only be focused on formal aspects. It will focus on findings and outcomes regarding the objectives of the project, and particularly, on exchanged experiences and the effectives measures proposed for the implementation of the BEPS package and improving transparency standards and other good tax practices.

The final PSRwill be presented on digital version to be published at the APEC website, and at the Chilean Finance Ministry website and social media. 

Outcomes: The following outcomes are expected to be delivered in relation to the objective of the workshop.  For this purpose, it is recognized, however, that each economy is free to implement the tax policy and legal framework that suits its local needs and reality.

1) Addressing challenges for an effective implementation of the BEPS package, transparency standards (such as, the internationally-agreed AEOI standard) and tax certainty as tax policy considerations that enhance certainty, transparency and fairness to the tax system.

2) Acknowledging the importance of international collaboration for an effective implementation of the BEPS package, transparency standards (such as, the internationally-agreed AEOI standard) and tax certainty, and the possibility of adding effectiveness to these measures through tools provided by the digital transformation of modern tax administrations.

3) Emphasize the importance of tax certainty as a relevant factor for the optimization of trade, investment and achievement of a favorable business environment.

4) Digital access to the final PSR on the workshop will be granted to all APEC economies.  The PSR will be a useful tool to address policy considerations in relation to the topics discussed at the workshop and will serve as a base for future tax related projects to be developed by APEC economies.

The surveys will provide information about the initial and final awareness of the participants regarding the topics discussed at the workshop. The knowledge acquired through the participation is part of the outcomes, particularly regarding the outcomes described in numbers 1. to 3. above. 

Beneficiaries: The workshop targets representatives of the Finance Ministries and other officials from APEC economies all of them responsible for the adoption of tax policy or tax legal framework, especially those from developing economies with responsibility for issuing or implementing legislation or regulations regarding international tax matters, e.g., Tax Administration and Ministry of Finance officials.  It is expected that the workshop builds capacity for APEC economies to develop tax policies and legal frameworks of their respective economies aiming at the protection of their tax bases, together with adding tax certainty, transparency and fairness to the tax system, which encourage trade, investment and a favorable business environment in the APEC region.

Between 40 and 50 participants are expected to attend the workshop including APEC economies´ delegates and Chile´s staff. In addition, it is expected the participation of international tax experts from international organizations such as the OECD, the Asian Development Bank and the Inter-American Development Bank, and from acadaemia.

The protection of the tax base, promotion of transparency measures and enhancement of certainty, transparency and fairness of the tax system will benefit, in the long term, all the APEC region.  Accordingly, it is expected that the digital PSR will benefit in general any APEC public official or policy maker, researchers and international organizations in identifying the work led by Chile during its host year and the suggested next steps for APEC economies.
Dissemination

The digital PSR with the statement of outcomes of the workshop will be published.  Access to the PSR will be granted to all workshop participants and to all APEC economies.  The digital PSR will also be published at the APEC Publication website adhering to all APEC Publication Toolkit and APEC Social Media Guidelines, and it will be published at the Chilean Finance Minister website and social media.  It is expected that the digital publication will help for a broader dissemination with respect to the work led by Chile during its host year and the suggested next steps for APEC economies.

Also, permission for publishing presentation materials will be requested to each APEC economy´s delegates and speakers, for uploading the content at the Chilean Finance Ministry website and granting access to all APEC economies.

Gender

Gender diversity and balance will be strongly encouraged, both for participants to the workshop and participation as speakers or panelists. Consideration for ensuring participation of men and women will be given in the organization phase and at all instances in relation to the project. All invitations to the workshop will address this purpose and invitations addressed to tax experts (outside the APEC economies) will be made considering the accomplishment of gender diversity. Women participation will enrich the workshop with diversity of sensitivities and skills, which are essential for achieving the objectives of the project, as it is expected to share different views and approaches. Our goal is to have a 30% female participation rate as speakers, and 30% as participants in the project events.

Tax policy decision making and legal framework design should be conducted by those who have the technical capacity, experience and knowledge; and not based on gender, thus, it is expected that building capacity on a gender balance basis will help to reduce any gender gap at the policy decision level or at the legal framework design level. In addition, a panel regarding the importance of gender equality in the formation of tax policies will be organized. For such purpose, we will coordinate with and extend invitations to authorities from the Chilean Ministry of Women and Gender Equity.

The survey will collect sex disaggregated data regarding speakers, panelists and participants.
Work Plan

Time

Tasks

Deliverables

August 2019

Producer hiring process and signature of contract

Contract

October 2019

Secure place

Contract

October 2019

Monitoring Report (MR)

MR

November 2019

Contact international experts

Phone call and email

November 2019

Coordinate with OECD

Phone call and email

November 2019

Coordinate with ADB

Phone call and email

November 2019

Coordinate with IDB

Phone call and email

December 2019

“Save the date” letter to be delivered jointly between Chile and the OECD

Save the date letter

January 2020

Deliver invitation letter to speakers

Invitation letter

January 2020

Deliver invitation letter to APEC economies

Invitation letter

January / February 2020

Prepare panels (coordinate with OECD, APEC economies, international tax experts, ADB and IDB)

Workshop agenda

January / February 2020

Prepare Chilean participation

Workshop agenda

February 2020

Prepare survey and evaluation forms

Survey and evaluation forms

March 2020

Three-day workshop

Workshop

March 2020

Survey and evaluation

Survey and Evaluation

April 2020

MR

MR

June 2020

Draft, endorsement and submission of the PSR and all supporting documents to the Secretariat

PSR

June 2020

Approval of the PSR by APEC

PSR

October 2020

Draft, endorsement and submission of the Completion Report and all supporting documents to the Secretariat

Completion Report

October 2020

Approval and publication of the Completion Report by APEC

Completion Report

June 2021

Participate in the Long-Term Evaluation of APEC Projects conducted by the Secretariat

Long Term Evaluation

Risks

1) Low attendance given the high travel expenses: Risk is being managed by organizing a first level workshop jointly with the OECD which is expected to add expectation to the workshop and promote participation and engagement.  Also, the risk is mitigated by (i) inviting qualified international tax experts to present during the workshop and inviting tax experts from the eligible economies to sponsor the project and present at the workshop; (ii) the availability of budget to finance the expenses of eligible economies which mitigates the risk of low participation and lack participation from experts from the eligible economies; and, (iii) sending, in advance, a “save the date” letter issued jointly by Chile as host and the OECD.

2) Low adherence for being part of the panels: Risk is being managed by coordinating the participation of our sponsors and eligible APEC economies as experts and panelists and sending the invitation in advance and requesting confirmation. In addition, we are coordinating the participation of international tax experts from international organizations such as the OECD, the Asian Development Bank and the Inter-American Development Bank, and from acadaemia.  We will also work on an alternative proposal for addressing subjects if a panel is not formed (for example, we will have one moderator that will guide the presentation and encourage the participation from APEC economies). 

3) Perception of duplication of work or concern that international tax topics in which there is no international consensus will be addressed: Risk is being managed by working with the OECD in the preparation of a workshop focused on the reality of APEC economies and in not duplicating any discussions carried out at the OECD or at other international fora.  In addition, the OECD will provide a general update on the current discussions on the taxation of the digital economy which should be useful for economies expecting an international consensus to move forward on preliminary designs.  Finally, it is recognized that each economy is free to implement any tax policy or legal framework design according to their specific needs and local reality. 

4) Economies not applying knowledge learned or adopting recommendations from the project: Risk will be managed by including in the PSR specific recommendations for the APEC economies in relation to the experiences shared or topics discussed in the workshop, for allowing APEC economies to effectively implement measures of the BEPS package, transparency and other good tax practices, such as tax certainty.

Monitoring and Evaluation

1) The project evaluation will consider workshop statistical information on:

-  Number of participants and number of participating economies.

-  Participation rate by APEC economies´ delegates

-  Participation rate by APEC member´s delegates as panelist

-  Other international tax experts engaged as speakers

-  Sex-disaggregated data (number of women participating)

We expect, that at least, fifteen APEC economies and 40- non-Chilean participants will attend the workshop. As for the presentations, we expect that at least ten experts, including APEC representatives and non-APEC speakers will participate.

In this scenario, if fifteen or more participants are women and three or more experts are women, we will achieve the gender representation goal.

2) Evaluation of the survey (initial and final):

-  Number of respondents.

-  Number of women participating.

-  Number of participating economies.

-  Percentage of survey response (blank responses)

We expect that all participants APEC economies will answer the initial and final survey.

3) The survey at the beginning and at the end of the workshop will allow to obtain stakeholders feedback.  The survey will consider:

a) Questions on the implementation of the BEPS package and transparency measures (in particular, the internationally-agreed AEOI standard), and on the importance of tax certainty, for obtaining initial views and final perspectives. Also, the relevance of new tools under the digital transformation will be address.

-   Questions in relation to the “level of satisfaction”, “recommendations for improving gender balance”, “fulfilment of expectative” and “identification of priorities, next logical steps or common challenges for continue working”.

4) Evaluation of the PSR:

We will request for an evaluation of the conclusions and suggestions included in the PSR by APEC participant economies, including advises on how to improve this tool.

It is expected that the digital report will allow to collect information on the number of downloads within a one-year period which will help for measuring impact through interest by APEC economies and other constituencies.
Linkages

The workshop is the logical next step following the meetings carried out in years 2017 (Viet Nam´s host year in which a work plan on the workshop´s topics was initiated) and 2018 (in which the Cebu Action Plan was agreed). The objectives committed on those instances are still under implementation, accordingly APEC economies should continue their efforts to advance on these topics. Considering that both meetings were held under the APEC framework, it is expected that proposing a workshop is the best alternative to continue the implementation efforts and, also, provides for a new instance to move forward.  The focus of the workshop is to update participants on the implementation stage of the BEPS package and transparency standards (such as, the internationally-agreed AEOI standard) and to add new tax policy issues such as tax certainty, considering new taxation challenges and opportunities generated by the digital transformation of tax administrations.  This project acknowledges the FMP statement for continuing regional cooperation and exchanging experiences, approaches and good practices in relation to the development of tax policy, legislative design and tax administration.  It also supports progress in the implementation of the Cebu Action Plan and the Framework for Strengthening Economic Cooperation and Development goals.

The workshop proposes to draw on the expertise of APEC economies, international organizations and tax experts.  For such purpose we are coordinating the participation of international tax experts from international organizations such as the Asian Development Bank and the Inter-American Development Bank, and from acadaemia.  It is expected that involving representatives from those international organizations and the OECD will encourage engagement and participation.

Taking into consideration that the workshop’s focus is related to the design of tax policies and legal framework, the main target is reaching officials in charge of designing tax policies and responsible for legal amendments. However, the private sector will also be invited to participate in some specific panels as beneficiaries (or taxpayers) of the designed measures.

Sustainability

The adoption of effective legal and administrative frameworks in relation to international tax aspects must be carried out in cooperation between APEC economies.  As such, the workshop is a key element.  Notwithstanding that it is recognized that each APEC economy will implement tax policy measures and legal framework designs according to their respective needs and realities, it is expected that officials´ policy decision and legal framework design will consider the capacity built and an internationally coordinated effort.  This expectation is based on the fact that protecting the tax base, promoting transparency measures and adding tax certainty, transparency and fairness to the tax system, for encouraging trade, investment and a favorable business environment, are fundamental goals that will be pursued by all APEC members.

The PSR will provide a basic summary of the main conclusions of the workshop and, particularly, suggestions to continue working under common grounds in future tax related projects in benefit of the APEC region.

Possible next steps to build in outputs and outcomes should be organizing subsequent annual events for maintaining a fluid channel for the exchange of experiences and for general coordination in relation to tax matters. 

Project Overseers

The PO serves as tax policy advisor at the Chilean Ministry of Finance, where he participates in the analysis and formulation of local and international tax policies and legal framework design to be implemented by Chile.  As such, the PO has been delegated by Chile to act as the responsible for tax matters in relation to Chile´s APEC host year. 

Name: Tomás Kovacevic
Title: Tax Policy Advisor
Organization:  Ministry of Finance
Tel: (56) 2 28282047
E-Mail:
tkovacevic@hacienda.cl

Cost Efficiency
Not Applicable.
Drawdown Timetable
Not Applicable.
Direct Labour
Not Applicable.
Waivers
Not Applicable.
Are there any supporting document attached?No