OECD Multilateral Instrument: The New Era in International Tax Law
Abstract
The Multilateral Instrument to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI) is one action by the OECD to address tax-base erosion and profit shifting (BEPS), i.e., double non-taxation or strategies consisting of artificially shifting profits to low-tax locations where there is no substantial economic activity and at the same time, very little corporate tax being paid. MLI aims to modify bilateral double-taxation agreements. It is an international agreement that modifies, in an umbrella manner, the relevant provisions of bilateral double-taxation agreements. Standard clauses contained in the MLI should replace, modify or supplement the relevant clauses in bilateral agreements. MLI marks a new opening in international tax law, offering for the first time the ability to harmonize the rules governing cross-border taxation.
References
[2] Avi-Yonah, R. 2000. Globalization Tax Competition, and Fiscal Crisis of the Welfare State. Harvard Law Review, No. 113.
[3] Bańczyk, W. 2016. Miękkie prawo, ale prawo’ czyli o obowiązku przestrzegania soft law. Internetowy Przegląd Prawniczy TBSP UJ, No. 1.
[4] Brauner, Y. 2016. Treaties in the Aftermath of BEPS. Brook Journal of International Law, No. 973.
[5] Bravo, N. 2012. The Proposal for a Multilteral Tax Instrument for Updating Tax Treaties, Cambridge.
[6] Corwin, M., Eggert, J., Zubler, M., 2017. Practical Questions for Multinationals in an MLI World, Tax Executive, 20 November.
[7] Christians, A. 2017. BEPS and the New International Tax Order. BYU Law Review, No. 1603.
[8] Engelen, F. 2006. Some Observations on the Legal Status of the Commentaries on the OECD Model. Bulletin for International Taxation, No. 105.
[9] Friedlander, L., and Wilkie, S. 2006. Policy Forum: The History of Tax Treaty Provisions – And Why It Is important To Know About It. Canadian Tax Journal, No. 4, vol. 54.
[10] Graetz, M.J. 2001. Taxing International Income: Inadequate Principles, Out-dated Concepts, and Unsatisfactory Policies. Tax Law Review, No. 1618: 261-272.
[11] Govind, S., Turcan, L. 2017. The Changing Contours of Dispute Resolution in the International Tax World: Comparing the OECD Multilateral Instrument and the Proposed EU Arbitration Directive. Bulletin for International Taxation, Volume 71, No. 3/4.
[12] Kalia, A. 2016. International Tax Reform and ‘Brexit’ (presentation), ACC Arizona Meeting, 16 October https://www.dlapiper.com/~/media/Files/Insights/Publications/2016/10/International%20Tax%20Reform%20and%20Brexit.pdf (website accessed 7 November 2017).
[13] Kemmeren, E.C.C.M. 2014. Where is EU Law in the OECD BEPS Discussion. EC Tax Review, No. 190, vol. 23(4).
[14] Lang, M. 2012. The Impact of the OECD and UN Model Conventions on Bilateral Tax Treaties, Cambridge
[15] Lang, M. 2014. BEPS Action 6: Introducing an Antiabuse Rule in Tax Treaties. Tax Notes International, No. 7, vol. 74.
[16] Lang, M., and Brugger, F. 2008. The Role of the OECD Commentary in Tax Treaty Interpretation. Australian Tax Forum, No. 23.
[17] Lennard, M. 2009. The UN Model Tax Convention as Compared with the OECD Model Tax Convention–Current Points of Difference and Recent Developments. Asia Pacific Tax Bulletin, vol. 1/2.
[18] League of Nations, Double Taxation and Tax Evasion Convention for the Allocation of Business Income between States for the Purposes of Taxation, 1935.
[19] Morris, A., and Moberg, L. 2011. Cartelizing Taxes: Understanding the OECD’s Campaign against ‘harmful Tax Competition. Columbia Journal of Tax Law, No. 4.
[20] Multilateral convention to implement tax treaty-related measures to prevent base erosion and profit shifting.
[21] OECD. 2017. Background Brief. Inclusive Framework on BEPS. Paris. http://www.oecd.org/tax/beps/background-brief-inclusive-framework-for-beps-implementation.pdf (website accessed 7 November 2017).
[22] OECD. 2015. Model Tax Convention on Income and on Capital, (Full Version). Paris. http://www.oecd-ilibrary.org/taxation/model-tax-convention-on-income-and-on-capital-2015-full-version_9789264239081-en (website accessed 30 November 2017).
[23] OECD. 2002. Peer review: A tool for co-operation and change, Paris.
[24] OECD. 2015. Preventing the Artificial Avoidance of Permanent Establishment Status, Action 7-2015 Final Report 9-13, Paris, http://oecd-library.org/docserver/download/2315341e.pdf (website accessed 7 November 2017).
[25] Richman, P.B. 1963. Taxation of Foreign Investment Income: An Economic Analysis, Baltimore
[26] Tillinghast, D.R. 2006. Commentaries to the OECD Model Convention: Ubiquitous, Often Controversial; But Could They Possibly Be Legally Binding? Tax Management International, No. 35.
[27] Vincent, F. 2003. Transfer Pricing and Attribution of Income to Permanent Establishments: The Case for Systematic Global Profit Splits (Just Don’t Say Formulary Apportionment. Canada Tax Journal, No. 2, vol. 53.
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