The Impact of the OECD Hard to Value Intangible Framework

04 December 2015
Guillaume Madelpuech

The BEPS Action Plan (for Base Erosion and Profit Shifting) is a multilateral initiative led by the Organization for Economic Co-operation and Development (OECD), and placed under the auspices of the G20. The Action Plan’s goal is to tackle the (supposed) abuses of multinational groups (“MNEs”) via aggressive tax planning. As such, the Action Plan intends to rejuvenate the very principles of the international tax system, which have been in existence, for the most part, since the 1930s. In particular, the Action Plan outlines a new framework to address so-called “Hard To Value Intangible” (HTVI).

In this article published in the Bloomberg BNA Transfer Pricing Forum, NERA Principal Guillaume Madelpuech discusses the impact that the BEPS OECD HTVI framework is likely to have on global MNEs with French operations—through a potential change to both (i) French transfer pricing regulations and (ii) the practices of the French tax authorities.