Download or read book Die Anwendung Des Multilateralen Instruments MLI alongside Existing Tax Treaties written by M. Lang and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this article, the author considers the application of the Multilateral Instrument "alongside existing tax treaties". Implementation of the base erosion and profit shifting (BEPS) package requires changes to more than 3,000 bilateral tax treaties. The OECD feared that bilateral updates to the treaty network would be burdensome and time-consuming. Therefore, it was suggested to swiftly modify bilateral treaties through a multilateral convention, referred to as "Multilateral Instrument" (MLI). The Explanatory Statement to the MLI emphasizes that this technique is different from modifying tax treaties through "amending protocols", since the MLI will be "applied alongside existing tax treaties". This assumption is analysed more closely.
Download or read book The OECD Multilateral Instrument for Tax Treaties written by Michael Lang and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Multilateral Instrument (MLI) proposed in OECD BEPS Action 15 will lead to the modification of numerous tax treaties. As tax treaties can have different wording, terminology and structure, a great challenge is to find a proper way to accomplish their modification without distorting the underlying framework or triggering undesirable effects. This book analyses the MLI, which was signed by over seventy jurisdictions on 7 June 2017. The topics covered include: • the procedural mechanisms on how the new measures to prevent base erosion and profit shifting (BEPS) will interact with and complement existing tax treaties; • the scope of the MLI in order to ascertain which tax treaties and taxes are covered; • the interpretation of terms used in the MLI and the relationship between the languages used in the MLI and in the particular tax treaties; • the implementation of the minimum standard through the MLI, as well as how states can exercise various options offered by the MLI and reserve the right not to apply certain provisions of the MLI; • the legal consequences of the exercise of options and reservations for the other states; • the notification procedure through which states declare their choices; and • the possibilities and procedure for withdrawal from the obligations entered into upon signing the MLI. Finally, the book discusses whether the mechanism of the MLI can serve as a role model for future changes to the OECD Model Convention. The book incorporates the analyses of leading scholars and practitioners dealing with international tax matters. Critical insights are offered for academics, practitioners, tax officials and judges who deal with or are interested in the field of international taxation.
Download or read book A Multilateral Convention for Tax written by Sergio André Rocha and published by Kluwer Law International B.V.. This book was released on 2021-11-29 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI) is the most forceful multilateral initiative to coordinate tax regimes on a worldwide basis since the dawn of modern income taxation over a century ago. This book evaluates two radically opposed viewpoints on the convention—a momentous and revolutionary paradigm shift versus a mechanism that merely continues an ongoing flow of limited policy coordination—with detailed investigations that bring to life the hopes and the realities of the current era of multilateral tax cooperation. Bringing together authors from national jurisdictions across the globe to scrutinize the MLI and its likely future ramifications, the book provides in-depth commentary and analysis in the following sequence: first, a comprehensive discussion of the design and goals of the MLI as a treaty and an institutional framework; second, an overview of the structure of the convention and its take-up across the globe to date; and third, the substantive implementation of the MLI with a wide range of country reports. Practice areas covered include tax law, international law, and international relations. The legal workings and implications of the MLI might still seem mysterious to those whose daily work is impacted by it, and there is as yet little jurisprudence regarding its legal nature or ultimate effect on the bilateral treaties coming within its scope. For these reasons, this pathbreaking book will be warmly welcomed by in-house counsel and law firms advising cross-border investors and firms; nongovernmental organizations involved in policy analysis and issue advocacy; researchers working on technical areas of international tax law; and lawyers interested in international policymaking, including the creation and diffusion of consensus-based fiscal and related regulatory norms across jurisdictions of differing development levels.
Download or read book MLI Made Easy written by Kuldeep Sharma and published by Kluwer Law International B.V.. This book was released on 2021-04-22 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI) provides an innovative approach to enable countries to swiftly modify their bilateral tax treaties in order to implement measures developed in the course of the Base Erosion and Profit Shifting (BEPS) Project. MLI, the first successfully concluded multilateral tax treaty, provides jurisdictions with the tools they need to ensure that profits are taxed where economic activities generating the profits are performed, while at the same time giving businesses greater certainty. MLI Made Easy makes it easier to get a complete grasp of this swift but complex modification process of tax treaties. This first and only self-contained book offers an unmatched article-by-article discussion of the MLI with an abundance of practical examples, diagrams, and flowcharts to make the information easier to understand and apply. Focusing on measures to combat tax evasion and abuse of tax treaties arising due to artificial avoidance of a permanent establishment status, hybrid mismatch arrangements, and other aspects of taxation, the book includes an in-depth discussion of the following and more: how specific gaps in existing bilateral tax treaties are addressed by the MLI; positions taken by selected jurisdictions and their impact on treaties; compatibility clauses, notification clauses, opting-in mechanisms, alternative provisions, and reservations; experiences in the course of implementation of the MLI; misconceptions and lingering doubts in respect of various substantive and procedural provisions of the MLI; interaction between the principal purpose test and simplified limitation on benefits; improving dispute resolution; and meaning of the phrases ‘on or after’, ‘other taxes’, and interpretational issues in entry into effect provisions. Adopted by a majority of jurisdictions worldwide, MLI preserves the tax sovereignty of its Parties and has been successful in overcoming barriers to the conclusion of a worldwide multilateral tax treaty. Because this easy-to-use book immensely facilitates understanding and application of the treaty measures developed in the course of the BEPS Project, it will be of immeasurable use to practitioners and other professionals engaging in international taxation, as well as to taxation authorities and interested academics in any part of the world.
Download or read book The Implementation and Lasting Effects of the Multilateral Instrument written by GEORG KOFLER; MICHAEL LANG; JEFFREY OWENS; PASQUAL. and published by . This book was released on 2021 with total page 1014 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of the positions and experiences of 34 select countries with regard to the impact of the MLI on their tax treaty network.
Download or read book The Relationship Between Tax Treaties and the Multilateral Instrument written by Sriram Govind and published by . This book was released on 2018 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: The OECD Multilateral Instrument (MLI) is unique to the extent that it is not self-standing, but only modifies the application of tax treaties entered into by its signatories. As acknowledged in the 'Toolkit' annexed to the final report on BEPS Action Plan 15, this raises significant questions in public international law as regards the relationship between the MLI and the treaties that it seeks to modify. The present chapter focuses on these questions.Although the Toolkit considered the use of general interpretive rule of lex posterior as well, it recommended the use of specific compatibility clauses to govern this relationship. Accordingly, the MLI follows this format and contains specific compatibility clauses for each provision along with a separate compatibility clause for the part dealing with arbitration. These compatibility clauses define how the application of each tax treaty provision would be modified by the provision in the MLI. This is achieved through language allowing insertion of the MLI provision where absent in the treaty, replacement of existing similar provisions, or modification of existing treaty language depending on the provision. The language used is also broad enough to allow modification of the application of tax treaty provisions irrespective of different numbering, titles or language being used in the treaty in respect of the same concept.The chapter covers various issues. First, general principles of public international law, including rules under the VCLT on conflict of norms, are analyzed to determine whether specific compatibility clauses are in fact required in the MLI. Second, the nature of compatibility clauses are examined in detail and the compatibility clauses within the MLI are measured up against ideal clauses as prescribed by commentators on the subject. Third, specific issues that arise from the wording of the compatibility clauses in the MLI are pointed out. Finally, the relationship between the MLI and future tax treaties and treaties on other subjects such as the EU treaties and investment and trade treaties are also dealt with.
Download or read book The Interpretation and Application of the Preamble and Article 6 1 of the OECD Multilateral Instrument in the Context of North American Tax Treaty Networks written by J.A. Becerra and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines the influence, if any, of the Preamble and article 6(1) of the OECD Multilateral Instrument (MLI), with particular focus on the extent to which they will modify the interpretation and application of the existing tax treaties in Canada, Costa Rica and Mexico.
Download or read book A Practical Approach to Determine the Influence of the OECD Multilateral Instrument on North American Tax Treaty Networks written by J.A. Becerra and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines the practical influence of the OECD Multilateral Instrument (MLI), with particular focus on the extent to which it will modify, if at all, and affect the interpretation and application of the existing tax treaties of selected North American countries, i.e. Canada, Mexico and the United States.
Download or read book The Multilateral Instrument Outline of Its Provisions Part 2 written by T.S. Bissell and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second in a series of articles that examine in detail the provisions of the Multilateral Instrument (MLI) that was drafted by the OECD from 2015 to 2017, and which as of today has been signed by more than 90 countries and is resulting in modications to more than 1,100 bilateral income tax treaties. This article outlines the substantive provisions of the MLI, with particular reference to the U.S. Treasury's 2016 model income tax treaty (and, in some instances, the 2017 OECD and UN model tax treaties).
Download or read book McBEPS the MLI the First Multilateral Tax Treaty that Has Never Been written by Y. Brauner and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The article argues that the multilateral instrument (MLI) was primarily devised to preserve the conservative evolution of the international tax regime, based on bilateral tax treaties, reciprocity and competition, and not as a multilateral tax treaty based on which a new coordinative regime shall arise. The article makes the point, however, that despite this main purpose the mere conclusion of the MLI introduces ambivalence into the international tax regime, breaking with its orthodoxy in a meaningful, even if not yet significant manner. The author makes fifteen observations on the MLI in its current status to substantiate this argument.
Download or read book The Timing and Impact of the MLI Countries Perspective written by M.E. Lukkien and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As one of the most revolutionary aspects of the base erosion and profit shifting (BEPS) project, the Multilateral Instrument (MLI) will modify a large number of existing bilateral tax treaties by including anti-tax avoidance measures developed in the BEPS project. The authors consider what this will mean in practice for the jurisdictions that have signed up to it.
Download or read book MULTILATERAL INSTRUMENT FOR UPDATING THE TAX TREATY NETWORK written by NATHALIE. BRAVO and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The OECD BEPS Multilateral Instrument and the Issue of Language written by R.X. Resch and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article discusses the OECD BEPS Multilateral Instrument (MLI) in respect of its policy to implement equally authoritative English and French texts. It evaluates this choice against the background of the policies implemented in the final clauses of all existing bilateral tax treaties and proposes possible solutions to resolve the problems resulting from the MLI final clause. The global tax treaty network is modelled based on a sample of 3,358 tax treaties currently concluded.
Download or read book Authentic Languages and Official Translations of the Multilateral Instrument and Covered Tax Agreements written by Josef Schuch and published by . This book was released on 2019 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authentic languages of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (commonly referred to as the multilateral instrument, MLI) are French and English, both languages being equally authentic. The MLI modifies hundreds of bilateral double taxation conventions (hereinafter 'tax treaties'). These tax treaties have their own authentic languages, often the official languages of the contracting states, which might be different than French and English. This leads to complicated situations. For example Austria and Italy have indicated that they wish to modify the 1981 Austria-Italy tax treaty by the MLI. The authentic languages of that tax treaty are German and Italian. As a consequence, when one wants to consult the Austria-Italy tax treaty as modified by the MLI, the original provisions of the tax treaty are authentic in German and Italian, whereas the provisions modified by the MLI are authentic in French and English. As a result, it is possible that some paragraphs of a certain provision of the tax treaty are authentic only in German and Italian, while some other paragraphs of that provision as modified by the MLI are authentic only in French and English. Immediately questions arise as to how one should interpret those tax treaties which do not have French and English as their authentic languages and which are modified by the MLI, and how interpretation issues related to different authentic language versions should be resolved. This contribution will provide answers to these questions.
Download or read book Action Plan on Base Erosion and Profit Shifting written by OECD and published by OECD Publishing. This book was released on 2013-07-19 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: This action plan, created in response to a request by the G20, identifies a set of domestic and international actions to address the problems of base erosion and profit sharing.
Download or read book Vienna Convention on the Law of Treaties written by Oliver Dörr and published by Springer. This book was released on 2018-01-15 with total page 1546 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all of the Vienna Convention’s provisions. Each provision’s analysis consists of (I) Purpose and Function of the Article, (II) Historical Background with Negotiating History, (III) Elements of the Article and finally (IV) Treaties of International Organizations. In short, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Furthermore, where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is an invaluable reference for both academia and practitioners of international law.
Download or read book Treaty Series Recueil Des Traites written by United Nations and published by UN. This book was released on 2007-11-02 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:
