OECD: BEPS Action 14 MAP peer review results

The Organisation for Economic Cooperation and Development (OECD) has released the latest BEPS Action 14 mutual agreement procedure (MAP) peer review results, documenting the effectiveness of dispute resolution under the base erosion and profit shifting (BEPS) package.

Background

Following the completion of over 80 Stage 1 and Stage 2 peer reviews between 2016 and 2022, the Inclusive Framework on BEPS agreed on a new methodology in December 2022 that includes a simplified peer review process for jurisdictions with no “meaningful MAP experience” and a full peer review process for those with “meaningful MAP experience.”

Latest results

The latest release includes 10 new peer review reports under the simplified process for Benin, Burkina Faso, Dominica, Grenada, Iceland, Montenegro, Peru, Saint Lucia, Samoa, and Senegal. The simplified peer review process aims to help jurisdictions with low MAP experience set up a robust MAP program for future cases.

According to the OECD release (March 4, 2025), highlights include:

• The Multilateral Instrument was signed by Burkina Faso, Iceland, Peru and Senegal, with the instrument already being ratified by Burkina Faso, Iceland and Senegal. In addition, there are bilateral negotiations either being initiated or ongoing for the remaining treaties.
• Peru has a documented bilateral notification/consultation process that they apply in cases when an objection is considered as being not justified by their competent authority.
• Iceland, Peru, and Senegal either closed their MAP cases within the pursued average time of 24 months or have a competent authority that is considered adequately resourced, whereas Dominica, Grenada, Montenegro, Saint Lucia and Samoa had no MAP experience. Dominica, Grenada, Montenegro, Saint Lucia, Samoa and Senegal do however have a policy to provide access to MAP in all eligible cases.
• Dominica, Montenegro, Saint Lucia, Samoa and Senegal ensure that MAP agreements can always be implemented notwithstanding domestic time limits.
• Iceland, Peru and Samoa have issued or updated their MAP guidance.