[November 2006] Shortly after it started its work on the treaty and transfer pricing aspects of business restructurings, the OECD decided to set up an informal group of academics, business representatives and consultants (the "Business Advisory Group") in order to obtain technical and factual input from the business community on the issues that are being discussed by the Working Group in the early stages of its work. In effect it was felt that the project could greatly benefit from discussions with a small group of tax and transfer pricing specialists with significant experience with business restructurings in a variety of industry sectors, which they have acquired either as tax managers of large companies or as advisors. In drawing up the list of members of the Business Advisory Group, the OECD tried to achieve as good a geographical balance as possible while keeping the Group reasonably small for the purpose of ensuring effective discussions.

The Business Advisory Group met twice with the OECD Secretariat in June and November 2006 and once with the governmental Working Group on Business Restructurings in November 2006. The outcome of these meetings was quite positive as all participants, business and governments, were able to express their views in a very constructive fashion.

The Working Group is still at the early stages of the discussion. No decision has been made on the issues discussed, and no discussion draft or report has been produced yet. Members of the Business Advisory Group are not provided with any documents from the Working Group that are not available to the public.

In order to encourage open and constructive discussions, the Business Advisory Group does not prepare or publish any summary record. Members of the Business Advisory Group are however encouraged to discuss and consult about the issues more broadly within the business community in order to enhance their ability to provide useful input to the Working Group at this early stage of the project.

It should be stressed that the Business Advisory Group is by no means a substitute for a wider consultation process, as the OECD will invite comments from all interested parties at a later stage, when the Working Group produces a public discussion draft (currently projected for late 2008). Moreover, any interested parties who wish to provide input in the interim on the issues that are within the Working Group's mandate are free to submit comments to the OECD Secretariat by writing to Caroline Silberztein, Head of the Transfer Pricing Unit, Division of Tax Treaties, Transfer Pricing and Financial Transactions, Centre for Tax Policy and Administration (caroline.silberztein@oecd.org).

 

Please see the list of members from the Business Advisory Group.