2020-01-25
Added · Updated
The Minister responsible for Finance in Belize issued these regulations to implement the automatic exchange of Country-By-Country Reports under the Mutual Administrative Assistance in Tax Matters Act. The rules mandate that ultimate parent entities of multinational enterprises file standardized electronic reports, master files, and local files with the competent authority using prescribed formats and validation processes. Additionally, the regulations establish requirements for record retention, grant inspection powers to tax authorities, and define penalties for obstruction or non-compliance while ensuring the confidentiality of exchanged information.
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BELIZE:
MUTUAL ADMINISTRATIVE ASSISTANCE IN TAX MATTERS (AUTOMATIC EXCHANGE OF COUNTRY-BY-COUNTRY REPORTS) REGULATIONS, 2020 ARRANGEMENT OF REGULATIONS
No. 57] Mutual Administrative Assistance in Tax Matters 1 Citation. Interpretation. BELIZE:
STATUTORY INSTRUMENT
No. 57 of 2020
REGULATIONS made by the Minister responsible for Finance in exercise of the powers conferred upon him by
Section 30 (1) of the Mutual Administrative Assistance
in Tax Matters Act, No. 15 of 2014 (as amended by Act No. 18 of 2017), and all other powers thereunto him enabling. (Gazetted 18th April, 2020.) _______________
2 Mutual Administrative Assistance in Tax Matters [No. 57 exchange agreement to which Belize is a party, and that by its terms provides legal authority for the exchange of tax information between jurisdictions, including the automatic exchange of such information; “qualifying competent authority agreement” means an agreement that – (i) is between authorised representatives of those jurisdictions that are parties to an international agreement; and (ii) requires the automatic exchange of CbC reports between the party jurisdictions; “reporting fiscal year” means that financial year the financial and operational results of which are reflected in the CbC report defined in section 8E of the Act.
3. (1) The ultimate parent entity of an MNE group under
section 8C of the Act, in respect of its first reporting financial
year and every subsequent reporting year, shall file the CbC report in the format as set out in Schedule 1. (2) The CbC report shall be submitted electronically to the competent authority in accordance with the OECD’s Extensible Markup Language. (3) The competent authority shall develop an information technology system to collect and exchange the CbC report. (4) A CbC report which is made otherwise than in accordance with this regulation shall be treated as not having been made.
4. A CbC report made by a surrogate parent entity or
constituent entity on behalf of the ultimate parent entity shall be – CbC report format.
Schedule 1.
CbC reporting by surrogate or constituent entity.
No. 57] Mutual Administrative Assistance in Tax Matters 3 (a) taken to have been made by that ultimate parent entity, unless the ultimate parent entity proves that the return was made without the ultimate parent entity’s authority; (b) in accordance with the OECD’s guidance on currency fluctuations in respect of the threshold required for filing of that CbC report.
5. (1) The reporting entity shall provide the Department
with a master file containing the information set out in
Schedule 2, which may be used for the purpose of a highlevel overview of the MNE group’s operations and policies.
(2) The reporting entity shall use prudent business judgment in determining the level of detail to be supplied and shall consider information to be relevant if its omission would affect the reliability of assessments. (3) The reporting entity shall provide the Department with a local file containing the detailed information set out in Schedule 2, which may be used for the purpose of supplementing the master file.
6. (1) A CbC report required, shall be filed electronically
using such technology as may be approved or provided by the Competent Authority. (2) An electronic means shall incorporate an electronic validation process. (3) Unless the contrary is proved – (a) the use of an electronic means is presumed to have resulted in the making of the CbC report only if this has been successfully recorded as such by the relevant electronic validation process; Electronic CbC report. Master file and local file.
Schedule 2.
Schedule 2.
4 Mutual Administrative Assistance in Tax Matters [No. 57 (b) the time of making the CbC report is presumed to be the time recorded as such by the relevant electronic validation process; and (c) the person delivering the CbC report is presumed to be the person identified as such by any relevant feature of the electronic means.
7. (1) Every reporting entity shall keep records that the
MNE group obtains or creates for the purpose of complying with these Regulations, including records of documentary evidence. (2) Every reporting entity required by these Regulations to keep records that does so electronically shall retain them in an electronically readable format for the retention period specified in sub-regulation (4). (3) Every reporting entity that obtains or creates records, as required under these Regulations, in a language other than English shall, upon request, provide an English translation to the competent authority. (4) Every reporting entity that is required to keep, obtain or create records under these Regulations shall retain records for a period of at least six years following the end of the last calendar year in respect of which the record is relevant.
8. (1) The competent authority may, by notice in writing,
require a reporting entity to give the officer within such time, not being less than fourteen days, as may be provided by the notice, such information (including copies of any relevant books, records or other documents) as the competent authority may reasonably require for any purpose relating to the administration or enforcement of these Regulations. Records. Inspection of books, etc. and provision of information and assistance.
No. 57] Mutual Administrative Assistance in Tax Matters 5 (2) The competent authority may require a reporting entity to – (a) produce books, records or other documentation; (b) provide information, explanations and particulars; and (c) give all assistance which the competent authority may reasonable require relating to the administration or enforcement of these Regulations. (3) The Competent Authority may make extracts from or copies of all or any part of the books, records or other documents or other material made available to the competent authority or require that copies of books, records or other documents be made available to the competent authority for any purpose relating to the administration or enforcement of these Regulations. (4) The audit and powers pursuant to sections 27 and 29 of the Tax Administration and Procedure Act shall, where applicable, be administered in addition to the powers set out in the Act and these Regulations in respect of the inspection of books.
9. The administrative penalty pursuant to section 8H(3) of
the Act shall apply in the following circumstances – (a) where any person obstructs or impedes or insults or molests the competent authority or other officer lawfully authorised by the Act or Regulations in the discharge of his duties or in his official capacity or in the exercise of his powers; (b) where a person fails, without reasonable excuse, to provide such reasonable assistance as the competent Impeding or obstructing of the competent authority. Act No. 8 of 2019.
authority or other officer lawfully authorised by the Act or Regulations may require when the competent authority or other officer is exercising his powers under the Act; (c) where a person intentionally alters, suppresses or destroys any information that has been specified in a notice under section 8D of the Act.
10. (1) The Department shall use the CbC report for
purposes of assessing high-level transfer pricing risks and other base erosion and profit shifting related risks in Belize, including assessing the risk of non-compliance by members of the MNE Group with applicable transfer pricing rules, and where appropriate for economic and statistical analysis. (2) Transfer pricing adjustments by the Department shall not be based on the CbC Report. (3) The Department shall preserve the confidentiality of the information contained in the CbC report at least to the same extent that would apply if such information were provided to it under the provisions of the Convention.
11. The competent authority shall exchange the CbC reports
with the competent authorities of participating jurisdictions in the reciprocal or non-reciprocal manner as is mutually agreed betw een Belize and that other jurisdiction.
12. If—
(a) a person enters into any arrangements; and (b) the main purpose, or one of the main purposes, of the person in entering into the arrangements is to avoid any obligation under these Regulations, these Regulations are to have effect as if the arrangements had not been entered into. 6 Mutual Administrative Assistance in Tax Matters [No. 57 Use and confidentiality of CbC report information. Participating jurisdiction. Anti-avoidance
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8 Mutual Administrative Assistance in Tax Matters [No. 57 The following information should be included in the master file:
Organisational structure
No. 57] Mutual Administrative Assistance in Tax Matters 9
10 Mutual Administrative Assistance in Tax Matters [No. 57
No. 57] Mutual Administrative Assistance in Tax Matters 11
12 Mutual Administrative Assistance in Tax Matters [No. 57 relevant financial indicators for independent enterprises relied on in the transfer pricing analysis, including a description of the comparable search methodology and the source of such information.
MADE by the Minister responsible for Mutual Administrative Assistance in Tax Matters this 25th day of January, 2020. RT. HON. DEAN O. BARROW Minister responsible for Finance Printed in Belize by the Government Printer No. 57] Mutual Administrative Assistance in Tax Matters 13
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Source: International Financial Services Commission Belize — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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