Any #taxtwitter know the answer? e. g. UK local filing requirement is only for a 'UK CBCR' (UK entity & looking down its subsidiaries). Is there a mechanism to enforce local reporting looking upwards to group?https://twitter.com/MForstater/status/1027836413889458176 …
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Replying to @MForstater
I'm not sure about the specific Vietnamese context, but the core problem of extraterritorial enforcement (when the local sub can't coerce the HQ) was a key struggle in BEPS exactly because there's no established enforcement mechanism (https://phdskat.org/2016/08/03/beps-moving-away-from-separate-entity/ …)
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Replying to @phdskat
Right... So that's why I'm wondering what the 'yay Vietnam has done *this*' story really means if *this*' isn't really possible?!
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Replying to @MForstater
I'm not sure - I don't know the specific local context. There could be something to it, I just know it was a problem they identified but couldn't really solve in BEPS
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Replying to @phdskat @MForstater
On first principles can't see how country A can oblige a firm resident outside that country, and not carrying on business directly, to comply with local laws. Analogous to recovery of tax debt in foreign country? I think
@AislingTax has the reference, was it an Indian case?1 reply 0 retweets 1 like -
Govt of India is UK case. Buchanan v McVeigh is Irish one. Very tricky if parent says no.
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@maxlawsontin do we know if the regulations are really working like this, or are companies just complying by explaining they don't have access to the information?pic.twitter.com/8YTU6BmvCF
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Replying to @MForstater @AislingTax and
Given the express confidentiality we may never know who, if anyone, has filed.... Think this the Reg may be more aspirational, with already compliant complying and others not.
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Replying to @iaincampbell07 @MForstater and
Might be interesting to look at where the majority of FDI into Vietnam comes from, and whether those countries have exchange of info with Vietnam under treaty (so Vietnam could get the CBCR data anyway) ?
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Biggie looks like US (if still not in force). But the legislation ('decree 20') requires local subsidiaries to file CBC reports (or explain why they can't) whether or not there is a treaty (I wonder in practice if they are...?)pic.twitter.com/GowDKwgVNw
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