OECD exchange framework for CRS mandatory disclosure

The OECD has published the administrative and operational framework for exchange of information on CRS avoidance or opaque offshore structures collected under the mandatory disclosure rules.

Part I of the document (see bit.ly/2FOjHXv) contains a draft multilateral competent authority agreement (MCAA) for exchanges under the mandatory disclosure rules, while Part II contains the XML schema and user guide.

The basic premise for automatic exchange under the draft MCAA is that jurisdictions receiving information about CRS avoidance arrangements or opaque offshore structure under the mandatory disclosure rules (MDR) would exchange this information with all jurisdictions of tax residence of the reportable taxpayers, provided they are MDR-implementing jurisdictions and are signatories to the MCAA.

The CRS and CbC-related XML schemas will become effective for all exchanges on or after 1 January 2021, while the schemas in relation to tax rulings will take effect from 1 April 2020.