OECD discussion draft on BEPS multilateral instrument

The OECD has published a discussion draft to deal with technical issues identified during development of the multilateral instrument to implement the tax-treaty related BEPS measures, called for by Action 15 of the BEPS action plan. An ad hoc group was established in May 2015 with the objective of developing a multilateral instrument. This group now includes 96 countries and aims to conclude its work and open the multilateral instrument for signature by 31 December 2016.

The consultation seeks input on technical issues of implementation and on issues related to the development of a mutual agreement procedure (MAP) arbitration provision, rather than on the scope of the provisions to be covered in the multilateral instrument or on the substance of the underlying BEPS outputs. The issues considered include:

·        the relationship between the provisions of the multilateral instrument and the existing tax treaty network;

·        ensuring consistent application and interpretation;

·        modifying bilateral treaties in multiple authentic languages;

·        the approach to be taken in developing the optional provision on mandatory binding MAP arbitration; and

·        mechanisms that could be used to ensure consistent application and interpretation of the provisions of the multilateral instrument.

The consultation closes on 30 June 2016. See www.bit.ly/1PgZEMW.