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Action 6 Prevention of tax treaty abuse Minimum Standard. BEPS Action 6 addresses treaty shopping through treaty provisions whose adoption forms part of a minimum standard that members of the BEPS Inclusive Framework have agreed to implement. It also includes specific rules and recommendations to address other forms of treaty abuse. Therefore, should BEPS actions were implemented, they would impose a restrictive or discriminatory tax treatment on cross-border transactions merely because they involve more than one state. In this respect, the PPT provision proposed under BEPS Action 6 is not an exception. Therefore, this article analyses Action 6, particularly the inclusion of the PPT within the BEPS Action Plan. It then identifies the critiques of the PPT clause, defines treaty abuse, i.e.

This will be achieved via the inclusion in Candidates: – provisions on hybrid entities (Action 2) – Provisions on treaty abuse (Action 6) – Artificial avoidance of the PE (Action 7) – Dispute resolution (Action 14) – Other possible changes (Actions 8-10, etc.) Mandate for a multilateral instrument: What 21 22. The LOB rule and the PPT rule can be implemented where appropriate and not already covered by domestic law. It is not the intention of BEPS Action 6 that already existing treaties be renegotiated if the current treaty is sufficient to both contracting states in addressing treaty shopping. the PPT rule (discussed further below) should use the simplified version provided. Notably, in the months leading up to the release of the final Action 6 report, the US Treasury released for public comment a revised version of the LOB article to be adopted across its treaty network. The Action 6 report notes the existence of the new Revised Discussion Draft: BEPS Action 6: Prevent Treaty Abuse (OECD Publishing 2015). 5 OECD, Preventing the Granting of Treaty Benefits in Inappropriate Circumstances, Action 6 – 2015 Final Report (OECD Publishing 2105).

KPMG BEPS Action Plan Informative Discussion CFO India Network 27th November 2014 2. Areas of discussion Tax Morality and Transparency1 3 OECD BEPS Action Plan3 9 Action 1 – Addressing the tax challenges of the digital economy4 15 Action 2 – Neutralizing effects of hybrid mismatch arrangements5 21 Action 6 – Preventing the granting of treaty benefits in Action 6, as set out by Michael McGowan and Andrew Thomson (‘BEPS: preventing treaty abuse’, Tax Journal , 31 October 2015), is about preventing treaty abuse.

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BEPS Action 6 addresses treaty shopping through treaty provisions whose adoption forms part of a minimum standard that members of the BEPS Inclusive Framework have agreed to implement. It also includes specific rules and recommendations to address other forms of treaty abuse. Action 6 of the OECD/G20 BEPS Project identifies treaty abuse (with a particular focus on treaty shopping) as a BEPS concern.

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7 Ibid 6. Action 6 of BEPS introduced the principal purpose test (PPT) as one of the Minimum Standards to be implemented by the countries taking part in the BEPS Inclusive Framework (IF).

BEPS Action 6: Prevent Treaty Abuse Action 6 ( such as the LOB and PPT rules) appropriately capture the use of conduit entities.
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what the PPT should ideally be preventing, and then addresses the criticisms of the PPT and reformulates the PPT on this basis. 6. As regards the application of the PPT rule, the March 2016 discussion draft indicated that a realistic approach to concerns related to the application of the PPT rule to non-CIV funds could be to add one or more examples on non-CIV funds to paragraph 14 of the Commentary on the PPT rule (as it appears in paragraph 26 of the Report on Action 6). Therefore, should BEPS actions were implemented, they would impose a restrictive or discriminatory tax treatment on cross-border transactions merely because they involve more than one state. In this respect, the PPT provision proposed under BEPS Action 6 is not an exception.

Notably, in the months leading up to the release of the final Action 6 report, the US Treasury released for public comment a revised version of the LOB article to be adopted across its treaty network. The Action 6 report notes the existence of the new Revised Discussion Draft: BEPS Action 6: Prevent Treaty Abuse (OECD Publishing 2015). 5 OECD, Preventing the Granting of Treaty Benefits in Inappropriate Circumstances, Action 6 – 2015 Final Report (OECD Publishing 2105). References are made to paras of the Report, and paras of the proposed Commentary to the PPT. 6 The Report (n 5) 5.
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BEPS Project including its four minimum standards (Action 5 on harmful tax practices, Action 6 on treaty abuse, Action 13 on country-by-country reporting and Action 14 on dispute resolution mechanisms). They will also be able to monitor the evolution of the tax raised by the digital economy challenges (Action 1) and The other BEPS recommendation that significantly impacts investment structures is the development of rules to prevent abuse of bilateral tax treaties under Action 6 of the BEPS Action Plan. 8 A key outcome of this work was the recommendation that treaties include anti-abuse rules, including the so-called “principal purposes test” (PPT), which denies treaty benefits if one of the principal Pro gradu -tutkielman aiheena on monenkeskisen yleissopimuksen kautta verosopimuksiin tuleva PPT-määräys EU-oikeuden kannalta.

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BEPS Action 6: Preventing the granting of treaty benefits in inappropriate circumstances On 16 September 2014, ahead of the G20 Finance Ministers’ meeting on 20-21 September, the OECD published seven papers as a first tranche of deliverables under the Base Erosion and Profit Shifting (‘BEPS’) Project. The The LOB rule and the PPT rule can be implemented where appropriate and not already covered by domestic law. It is not the intention of BEPS Action 6 that already existing treaties be renegotiated if the current treaty is sufficient to both contracting states in addressing treaty shopping.

MLI:s styrkor och svagheter - Lunds universitet

The OECD is concerned that private equity funds may be used by investors to achieve better treaty BEPS presentation -Final - Copy 1. KPMG BEPS Action Plan Informative Discussion CFO India Network 27th November 2014 2. Areas of discussion Tax Morality and Transparency1 3 OECD BEPS Action Plan3 9 Action 1 – Addressing the tax challenges of the digital economy4 15 Action 2 – Neutralizing effects of hybrid mismatch arrangements5 21 Action 6 – Preventing the granting of treaty benefits in Action 6 of the BEPS Action Plan identified treaty abuse, and in particular treaty shopping, as one of the most important sources of BEPS concerns. One of it The OECD BEPS Action 6 report contains a PPT rule 61 x See BEPS Action 6, above n.

In addition, countries should consider this before entering into a tax treaty with another country. ontwerpen vorm gekregen in het Revised discussion draft BEPS Action 6: prevent treaty abuse op 22 mei 2015, namelijk de Limited On Benefits bepaling (“LOB bepaling”) en de principal (main) purpose test bepaling (“PPT bepaling”) en deze bepalingen willen de gevallen voorkomen waarbij de beneficial owner zijn woonplaats verplaatst naar een BEPS Action 6: Uncertainty in the Principal Purpose Test Rule 1. Introduction This article analyses (i) whether the ‘Principal Purpose Test’ (or PPT rule) contained in the 2015 BEPS Action 6 Report (Preventing the Granting of Treaty Benefits in Inappropriate Circumstances) is sufficiently clear, precise and predictable to conform BEPS.