Interpretation & Application of Tax Treaties – Course Outline
Day 1 – Introduction to tax treaties including the OECD, UN and US models – and the MLI
- Case studies (throughout the day)
- Purpose of tax treaties, kinds of treaties, how tax treaties are made, structure of tax treaties
- Termination of treaties; dates – date of signature, effective date, date of entry into force
- The OECD and its work in the area of tax treaties
- The UN and its work in the area of tax treaties
- Tax treaty terminology
- The OECD model tax treaty
- The 2021 UN Model compared to the 2017 OECD model tax treaty
- Review of the US Model Treaty
- A brief overview of BEPS (Base Erosion and Profit Shifting), including the MLI, and ATAD as regards treaties.
- BEPS – Base Erosion and Profit Shifting
- MLI – Multilateral Instrument
- ATAD – the EU Anti Tax Avoidance Directive
Day 2 – Review of tax treaty articles
- Case studies (throughout the day)
- Review of most typical tax treaty articles including an introduction to complex treaty issues
- Treaty articles that vary from the OECD 2017 model
- Double taxation – dangers and tax planning opportunities under treaties
Day 3 – Advanced treaty issues
- Case studies (throughout the day)
- Treaties and various entities – including transparent entities, hybrid entities, trusts, funds, cooperatives, etc., including classification of entities and the issue of residency of such entities
- Permanent establishment (PE) issues including
- When does a PE exist (advanced aspects)
- The attribution of profits to a PE
- Transfer of assets between head office and permanent establishment
- Shipping and aircraft PEs
- Other selected PE issues
- Interpretation of treaties
- The attribution of profits to a PE
- The effect of the ‘Purpose’ texts in the MLI
- Main principles
- Interaction between Article 3(2) and the Vienna Convention
- The OECD Commentaries
- Specific country reference
- Beneficial ownership – history and current law and practice in various jurisdictions
- Extra-territorial taxation of capital gains on the sale of shares, including references to Australia, India, Kazakhstan and China
- A review of various countries’ digital services tax, ‘Google Tax’, diverted profits tax and the like – and their relationship with treaties
- A further review of ATAD (the EU Anti-Tax Avoidance Directive) as it affects treaties
- The MLI (Multilateral Instrument)