Tiberghien comments on the OECD Blueprints on Pillar One and Pillar Two

On 12 October 2020 the OECD/G20 Inclusive Framework on BEPS invited public input on the Reports on Pillar One and Pillar Two Blueprints. Interested parties could submit their comments up until 14 December 2020.

Koen Morbée, partner at Tiberghien Lawyers, and Andy Neuteleers, partner at Tiberghien Economics, urged the OECD Centre for Tax Policy and Administration, when continuing its work on both Pillars, to give due attention to some basic principles of law like the principle of reality, the principle of legal certainty and the principle of equality. Quoting from the memoires of Albert Tiberghien, the founding father of the firm Tiberghien, they also respectfully questioned the disproportionate complexity both Pillars will bring in the field of national and international taxation. In addition, they addressed the difficult co-existence of two competing international tax systems and the further undermining of the at arm’s length principle.

Finally, Tiberghien urges the OECD to treat all Inclusive Framework members on an equal footing and that proper attention is given to possible negative effects both Pillars may have on smaller open economies counting numerous innovative companies, like Belgium.

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At the end of the public consultation period all submitted comments were published. They can be consulted here.

On 14 and 15 January 2021 the public consultation meeting on the Blueprints will be held virtually. Details on meeting format and how to connect are forthcoming.