Tax treaty abuse and the pricipal purpose test - part 1

Resource Information

The work Tax treaty abuse and the pricipal purpose test - part 1 represents a distinct intellectual or artistic creation found in International Bureau of Fiscal Documentation. This resource is a combination of several types including: Work, Language Material, Continuing Resources.

Label

Tax treaty abuse and the pricipal purpose test - part 1

Creator

• Duff, D.G

Subject

• BEPS Action Plan
• anti-avoidance
• principal purpose test
• beneficial ownership
• treaty abuse
• treaty shopping
• MLI

Language

eng

Summary

The Multilateral Convention To Implement Tax Treaty Related Measures To Prevent Base Erosion and Profit Shifting (MLI) came into force on 1 July 2018, and has been signed by more than 80 jurisdictions, including Canada. This MLI has been described as "a historical turning point in the area of international taxation"; it introduces a third layer of rules for the taxation of cross-border transactions, in addition to domestic tax law and bilateral tax treaties. Of the many provisions of the MLI, the most important are the preamble text in article 6(1) and the general anti-avoidance provision - the so-called principal purpose test (PPT) - in article 7(1). Both of these provisions have been adopted by all signatories to the MLI in order to satisfy the OECD's minimum standard on tax treaty abuse under BEPS Action 6. This two-part article considers the structure and potential application of the PPT in the context of pre-BEPS responses to perceived tax treaty abuses, the OECD's work on BEPS Action 6, and other provisions of the MLI, including the preamble text in article 6(1). This first part of the article reviews pre-BEPS responses to perceived tax treaty abuses, providing necessary background and context for understanding BEPS Action 6, the MLI, and the PPT. The second part examines the PPT in light of this background and in the context of BEPS Action 6 and other provisions of the MLI, considering the structure of this provision and the kinds of transactions or arrangements to which it might apply

Citation source

In: Canadian tax journal = Revue fiscale canadienne. - Toronto. - Vol. 66 (2018), no. 3 ; p. 619-677

Geographic coverage

International

Language note

English