Harmful Tax Practices – 2023 Peer Review Reports on the Exchange of Information on Tax Rulings

1251. Uzbekistan can legally issue the following two types of rulings within the scope of the transparency framework: (i) preferential regimes1 and (ii) cross-border unilateral APAs and any other cross-border unilateral tax rulings (such as an advance tax ruling) covering transfer pricing or the application of transfer pricing principles.

1252. For Uzbekistan, past rulings are any tax rulings issued prior to 1 September 2023. However, there is no obligation for Uzbekistan to conduct spontaneous exchange information on past rulings.

1253. For Uzbekistan, future rulings are any tax rulings within scope that are issued on or after 1 September 2023.

1254. Uzbekistan does not yet have processes in place to ensure the identification of all relevant rulings and all potential exchange jurisdictions.

1255. Uzbekistan does not yet have a review and supervision mechanism under the transparency framework.

1256. Uzbekistan is recommended to put in place its information gathering process for identifying all past and future rulings and all potential exchange jurisdictions, with a review and supervision mechanism, as soon as possible (ToR I.A).

1257. Uzbekistan has the necessary domestic legal basis to exchange information spontaneously. Uzbekistan notes that there are no legal or practical impediments that prevent the spontaneous exchange of information on rulings as contemplated in the Action 5 minimum standard.

1258. Uzbekistan has international agreements permitting spontaneous exchange of information, including bilateral agreements in force with 55 jurisdictions.2 Uzbekistan is not a party to the Multilateral Convention on Mutual Administrative Assistance in Tax Matters: Amended by the 2010 Protocol (OECD/Council of Europe, 2011[2]) (“the Convention”). Uzbekistan is encouraged to continue its efforts to expand its international exchange of information instruments to be able to exchange information on rulings. It is noted, however, that jurisdictions are assessed on their compliance with the transparency framework in respect of the exchange of information network in effect for the year of the particular annual review.

1259. Uzbekistan does not yet have a process in place for the completion and exchange of information on rulings in accordance with the form and timelines required by the transparency framework.

1260. During the year in review, no exchanges took place and no data on the timeliness of exchanges is reported.

1261. Uzbekistan is recommended to put in place a domestic legal framework allowing spontaneous exchange of information on rulings and to complete the templates for all relevant rulings and to ensure that the exchanges of information on rulings occur as soon as possible (ToR II.B).

1262. As there was no information on rulings exchanged by Uzbekistan for the year in review, no statistics can be reported.

1263. Uzbekistan does not offer an intellectual property regime for which transparency requirements under the Action 5 Report (OECD, 2015[3]) were imposed.

[1] OECD (2021), BEPS Action 5 on Harmful Tax Practices - Terms of Reference and Methodology for the Conduct of the Peer Reviews of the Action 5 Transparency Framework, OECD Publishing, Paris, http://www.oecd.org/tax/beps/beps-action-5-harmful-tax-practices-peer-review-transparency-framework.pdf.

[3] OECD (2015), Countering Harmful Tax Practices More Effectively, Taking into Account Transparency and Substance, Action 5 - 2015 Final Report, OECD/G20 Base Erosion and Profit Shifting Project, OECD Publishing, Paris, https://doi.org/10.1787/9789264241190-en.

[2] OECD/Council of Europe (2011), The Multilateral Convention on Mutual Administrative Assistance in Tax Matters: Amended by the 2010 Protocol, OECD Publishing, Paris, https://doi.org/10.1787/9789264115606-en.