The OECD has released its peer review document forming the basis for assessment of the BEPS action 6 minimum standard for preventing ‘treaty shopping’. The document includes terms of reference setting out the criteria for assessing implementation of the minimum standard, and the methodology for the conduct of peer reviews.
The criteria for compliance with the minimum standard will require tax treaties to include:
an express statement that the common intention of the parties to the treaty is to eliminate double taxation without creating opportunities for non-taxation or reduced taxation through tax evasion or avoidance, including through treaty shopping arrangements; and
provisions which contain specified forms of the principal purposes test rule, or the limitation-on-benefits rule, as agreed between the contracting jurisdictions.
The document also covers:
the process for resolution of interpretation and application issues that might arise;
the process to be followed by jurisdictions that encounter difficulties in getting agreement from another jurisdiction member of the inclusive framework; and
the confidentiality of documents produced in the context of the review process.
The core output of the peer monitoring process will come in the form of an annual report presented to the inclusive framework on BEPS, starting in January 2019.
Each of the four BEPS minimum standards is subject to peer review. The minimum standards cover: preventing treaty shopping (Action 6); country by country reporting (Action 13); fighting harmful tax practices (Action 5); and improving dispute resolution (Action 14).
See ‘BEPS Action 6 on Preventing the Granting of Treaty Benefits in Inappropriate Circumstances: peer review documents’ at http://bit.ly/2r76JNi.
The OECD has released its peer review document forming the basis for assessment of the BEPS action 6 minimum standard for preventing ‘treaty shopping’. The document includes terms of reference setting out the criteria for assessing implementation of the minimum standard, and the methodology for the conduct of peer reviews.
The criteria for compliance with the minimum standard will require tax treaties to include:
an express statement that the common intention of the parties to the treaty is to eliminate double taxation without creating opportunities for non-taxation or reduced taxation through tax evasion or avoidance, including through treaty shopping arrangements; and
provisions which contain specified forms of the principal purposes test rule, or the limitation-on-benefits rule, as agreed between the contracting jurisdictions.
The document also covers:
the process for resolution of interpretation and application issues that might arise;
the process to be followed by jurisdictions that encounter difficulties in getting agreement from another jurisdiction member of the inclusive framework; and
the confidentiality of documents produced in the context of the review process.
The core output of the peer monitoring process will come in the form of an annual report presented to the inclusive framework on BEPS, starting in January 2019.
Each of the four BEPS minimum standards is subject to peer review. The minimum standards cover: preventing treaty shopping (Action 6); country by country reporting (Action 13); fighting harmful tax practices (Action 5); and improving dispute resolution (Action 14).
See ‘BEPS Action 6 on Preventing the Granting of Treaty Benefits in Inappropriate Circumstances: peer review documents’ at http://bit.ly/2r76JNi.
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