BEPS Action 5 minimum standard: Transparency on tax rulings continues to increase


Updated 8 January 2020


23/12/2019 - As part of continuing efforts to address BEPS concerns, the Inclusive Framework on BEPS (Inclusive Framework) has now assessed 112 jurisdictions' progress in spontaneously exchanging information on tax rulings, in accordance with Action 5 of the OECD/G20 BEPS package. This includes the first review for newer members of the Inclusive Framework, as well as certain developing countries that had requested additional time and were deferred from the previous years' peer reviews.


The 2018 Peer Review Reports on the Exchange of Information on Tax Rulings shows that one key aim of the BEPS Project – increasing transparency on tax rulings – is being achieved. As at the end of 2018, almost 18 000 tax rulings had been identified and almost 30 000 exchanges of information have taken place to date. The peer review process also takes into account feedback on the conduct of the exchanges by Inclusive Framework members, which has in a number of cases allowed jurisdictions to revise their processes and improve the clarity of the information being exchanged, which is essential for the effectiveness of the standard.


The annual review process is helping to drive further progress: a number of recommendations for improvement that were made in the second annual report have been actioned and removed during the 2018 year in review. Having assessed implementation of the standard to the end of 2018, 80 jurisdictions* have now successfully implemented the standard and did not receive any recommendations for improvement. At the same time, other jurisdictions need to do more. The report contains 55 jurisdiction-specific recommendations* on issues such as improving the timeliness of the exchange of information and ensuring that exchanges of information are made with respect to preferential tax regimes that apply to income from intellectual property.


The Inclusive Framework will continue to pursue progress in this area, with the next annual peer review in 2020, to continue to track the progress of jurisdictions and the actions taken to respond to any remaining recommendations.


The carrying out of reviews after 2020 will be subject to the agreement of the Inclusive Framework on BEPS. First discussions on the effectiveness of the rulings standard, and the format for any further peer review process, will also take place in 2020.



Media enquiries should be directed to Pascal Saint-Amans, Director of the OECD Centre for Tax Policy and Administration (+33 1 45 24 91 08), or Achim Pross, Head of the International Co-operation and Tax Administration Division (+33 1 45 24 98 92).


* Please note that the report (page 14) includes different numbers on the jurisdictions that have received no recommendations and on the number of jurisdiction-specific recommendations. The numbers noted in this press release are correct and the report will be updated in January 2020. 


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