OECD: Multilateral instrument to implement tax treaty-related BEPS measures

OECD: Tax treaty-related BEPS measures

The Organisation for Economic Cooperation and Development (OECD) issued a release that includes a request for public comments with respect to technical issues related to the development of a multilateral instrument to implement the tax-treaty related base erosion and profit shifting (BEPS) measures.

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As explained in the OECD release, the report for BEPS Action 15 (Developing a multilateral instrument to modify bilateral tax treaties) concludes that a multilateral instrument to modify bilateral tax treaties for purposes of implementing the tax treaty-related BEPS measures is feasible and desirable. Accordingly, an “ad hoc group” was established in May 2015, and tasked with developing a multilateral instrument to modify existing bilateral tax treaties to allow for swift implementation of the tax treaty measures developed in the course of the OECD-G20 BEPS Project. The ad hoc group (that includes representatives from 96 countries and certain other observers) aims to conclude its work and open the multilateral instrument for signature by 31 December 2016.  

The “request for input” outlines the background and purpose of the multilateral instrument and describes briefly the technical issues arising from its development, including issues to be considered in the context of the optional provision on MAP arbitration. Comments are invited with respect to specific questions included in the “request for input,” as well as other technical issues that may arise from implementing the treaty-related BEPS measures in the context of the network of existing bilateral tax treaties. Comments and input are due by 30 June 2016.

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