IP Migration Strategies: Pre And Post-BEPS

The largest initiative the transfer pricing world has seen, since the introduction of the Organization for Economic Cooperation and Development's ("OECD") Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations ("Current TP Guidelines"), is in its final stages and will result in material changes in the way the global operations of corporate organizations are structured and international transactions are reported. On Oct. 5, 2015, the OECD released the final report of its 15-point Action Plan on Base Erosion and Profit Shifting ("BEPS"). The BEPS Action Plan was an ambitious project that addressed a number of concerns relating to international corporate tax planning. Actions 8 to 10 and Action 13 deal specifically with transfer pricing concerns and, in addition to the introduction of Country-by-Country Reporting ("CBCR"),  contain significant revised guidance in the form of amendments to the Current TP Guidelines ("Amended TP Guidelines"). In