Mutual Agreement Procedure (MAP)

Canada, Corporate income tax, Double Taxation, International Tax Law, MAPs and APAs, MNEs, OECD, Permanent Establishments, Residence, Tax Treaties, United Kingdom, United States

(Temple Tax Chambers; King’s College London)/ /2 Comments

When is a taxpayer a resident of a contracting state for purposes of a tax treaty? The decades old definition in article 4(1) of the OECD Model that ‘“resident of a Contracting State” means any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place…

Arbitration, BEPS, MAPs and APAs, OECD, Tax Policy, Tax Treaties, Transfer Pricing

(Temple Tax Chambers; King’s College London)/ /Leave a comment

If there was ever a need to demonstrate the need to improve international tax dispute resolution mechanisms, it was as a speaker at the TP Minds conference earlier this month. In the course of our panel discussion on dispute resolution post BEPS, I asked the audience of over 100 tax directors and managers of multinational…

Arbitration, BEPS, Hybrids, MAPs and APAs, OECD, Permanent Establishments, Residence, Tax Avoidance, Tax Policy, Tax Treaties, Transfer Pricing

(Temple Tax Chambers; King’s College London)/ /Leave a comment

Publication of text of The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (BEPS Convention) by the OECD on 24 November 2016 is one of the key milestones in the OECD/G20 Project to tackle Base Erosion and Profit Shifting. The BEPS Convention will be open for signature from…

BEPS, OECD, Transfer Pricing, United Nations

(University of Sao Paulo; Lacaz Martins, Pereira Neto, Gurevich & Schoueri Advogados) and (Lacaz Martins, Pereira Neto, Gurevich & Schoueri Advogados)/ /1 Comment

Brazil is known for its unique transfer pricing legislation. While in most countries the use of comparables is central for the application of the transfer pricing methods, the Brazilian system has conceived the “fixed margins”, as means of ensuring practicability[1]. The Brazilian legislation adopts the predetermined profit margins under the equivalents of the resale and…

Arbitration, BEPS, OECD, Tax Treaties, United Nations, WTO

(Temple Tax Chambers; King’s College London)/ /Leave a comment

The OECD has today published details of the peer review and monitoring process of the Mutual Agreement Procedure (MAP) under Action 14 of the BEPS Action Plan. The framework includes the terms of reference for peer review based on the Action 14 final report minimum standards, an assessment methodology for the process and a reporting…

BEPS, MAPs and APAs, OECD, Tax Planning, Tax Treaties, Transfer Pricing, United Nations

(Temple Tax Chambers; King’s College London)/ /Leave a comment

The OECD BEPS project was kicked off by the observation that the interaction of domestic tax systems sometimes leads to an overlap, resulting in double taxation as well as gaps, which result in an item of income not being taxed anywhere, thus resulting in so called “double non-taxation”. Co-operation among countries historically addressed double taxation…

BEPS, OECD, Tax Policy

(Temple Tax Chambers; King’s College London)/ /Leave a comment

Everyone concerned with international taxation awaits the publication of the final package of BEPS measures by the OECD on Monday 5 October 2015. While the BEPS programme addresses disparities between national tax systems and features of international tax rules that have allowed some multinational companies to enjoy very low effective corporate tax rates, it is…

BEPS, EU/EEA, MAPs and APAs, State Aid, Tax Policy

(Maisto e Associati)/ /Leave a comment

The OECD Public Discussion Draft on BEPS Action 14 (released on 18 December 2014) covers extensively dispute resolution mechanisms and ways to make them more effective. The subject has grown in importance as Mutual Agreement Procedures (“MAP”) have increased significantly especially on transfer pricing cross border adjustments. In this context, the BEPS Discussion Draft states…