A multilateral instrument for updating the tax treaty network / Nathalie Bravo.

Format:

Book

Author/Creator:

Bravo, Nathalie, author.

Series:

Doctoral series ; Volume 52.

IBFD doctoral series ; Volume 52

Language:

English

Subjects (All):

Double taxation--Treaties.

Double taxation.

Income tax--Law and legislation.

Income tax.

Physical Description:

1 online resource (365 pages).

Edition:

1st ed.

Place of Publication:

Amsterdam, The Netherlands : IBFD, [2020]

Summary:

A precise and in-depth analysis of the Multilateral Instrument and of how it impacts the tax treaty network by implementing the treaty-related BEPS measures.

Contents:

Cover

IBFD Doctoral Series

Title

Copyright

Preface

Abbreviations

Introduction

Chapter 1: Tax Treaties for the Avoidance of Double Taxation on Income and Capital

1.1. Introduction

1.2. Sovereignty of the states and their legal capacity to conclude tax treaties

1.3. Reasons for adopting sets of bilateral tax treaties instead of a worldwide multilateral tax treaty

1.3.1. The work of the League of Nations

1.3.2. The work of the OEEC, nowadays the OECD

1.4. Regional multilateral tax treaties

1.4.1. The regime for the avoidance of double taxation and the prevention of fiscal evasion among the member countries of the Andean Community

1.4.2. Convention between the Nordic Countries for the Avoidance of Double Taxation

1.4.3. The CARICOM Agreement

1.4.4. Rules for the Avoidance of Double Taxation and for Assistance in Tax Matters among the Member States of the West African Economic and Monetary Union

1.4.5. Common characteristics of the regional multilateral tax treaties

1.4.6. Advantages and disadvantages of regional multilateral tax treaties over bilateral tax treaties

1.5. Possibility to modify existing bilateral and regional multilateral tax treaties through a worldwide multilateral instrument

1.5.1. The Vienna Convention on the Law of Treaties

1.5.2. Proposals of scholars for modifying tax treaties within a multilateral framework

1.6. BEPS and the revival of the impetus for the conclusion of a multilateral tax agreement

1.7. Conclusions

Chapter 2: The Concept behind the Multilateral Instrument

2.1. Introduction

2.2. The Multilateral Instrument builds on the current tax treaty network

2.3. Definition of Covered Tax Agreements

2.4. The Multilateral Instrument does not change the bilateral and reciprocal nature of the tax treaty network.

2.5. The parties to the Multilateral Instrument share a collective interest

2.6. The structure of the Multilateral Instrument and of its substantive provisions

2.6.1. The structure of the Multilateral Instrument

2.6.2. Structure of the substantive provisions of the Multilateral Instrument

2.7. Conclusions

Chapter 3: The Relationship between the Provisions of the Multilateral Instrument and the Provisions of the Covered Tax Agreements

3.1. Introduction

3.2. Accumulation or conflict of treaty provisions

3.3. Treaty provisions and principles of international law as rules to resolve conflicts of treaty provisions

3.3.1. Compatibility clauses

3.3.2. Lex posterior principle

3.3.3. Lex specialis principle

3.4. The provisions of the Multilateral Instrument and the Covered Tax Agreements may accumulate or conflict

3.5. The approach adopted in the Multilateral Instrument

3.5.1. Compatibility clauses

3.5.1.1. Structure of the compatibility clauses

3.5.1.2. Description of the provisions of the Covered Tax Agreements

3.5.1.3. Effects of the compatibility clauses

3.5.1.3.1. In place of

3.5.1.3.2. Applies to/modifies

3.5.1.3.3. In the absence of

3.5.1.3.4. In place of or in the absence of

3.5.1.4. The lex posterior principle and the Multilateral Instrument

3.5.2. Notification clauses

3.5.2.1. Effects of the notification clauses

3.5.2.2. Procedural rules concerning notifications

3.6. Lex specialis principle and the Multilateral Instrument

3.7. Relationship with future tax treaties

3.8. Conclusions

Chapter 4: Flexibility in the Multilateral Instrument

4.1. Introduction

4.2. Why flexibility in the Multilateral Instrument is important

4.3. Opting-in mechanisms

4.3.1. Meaning of opting-in mechanisms

4.3.2. List of Covered Tax Agreements.

4.3.3. Opting-in mechanisms in the Multilateral Instrument

4.3.4. Effects of opting-in mechanisms in the Multilateral Instrument

4.4. Alternative provisions

4.4.1. Meaning of alternative provisions

4.4.2. Alternative provisions in the Multilateral Instrument

4.4.3. Effects of the alternative provisions in the Multilateral Instrument

4.5. Opting-out mechanisms: Reservations

4.5.1. Meaning and legal effects of reservations

4.5.2. Meaning and legal effects of objections to reservations

4.5.3. Residual rules on reservations and objections provided in the Vienna Convention

4.6. Approach to reservations adopted in the Multilateral Instrument

4.6.1. Closed list of permitted reservations except for the scope of the mandatory binding arbitration procedure

4.6.2. Effects of the reservations in the Multilateral Instrument

4.6.2.1. Reservations are reciprocal

4.6.2.2. Notification of the provisions of Covered Tax Agreements under the scope of a reservation based on objectively defined characteristics

4.6.2.3. Reservations apply to all the Covered Tax Agreements of a reserving party unless the Multilateral Instrument provides otherwise

4.6.3. Procedural rules of the Multilateral Instrument concerning reservations and objections

4.7. Interaction between the different mechanisms that create flexibility and between those mechanisms and the compatibility and notification clauses

4.8. Conclusions

Chapter 5: Future Changes to the Covered Tax Agreements and to the Multilateral Instrument

5.1. Introduction

5.2. Modification of the provisions of the Covered Tax Agreements and the provisions of the Multilateral Instrument

5.3. Modifications of the provisions of the Covered Tax Agreements

5.3.1. Withdrawal of reservations

5.3.1.1. Residual rules provided for in the Vienna Convention.

5.3.1.2. Withdrawal or replacement of reservations under the Multilateral Instrument

5.3.2. Withdrawal of opt-ins and withdrawal or replacement of alternative provisions under the Multilateral Instrument

5.3.3. Amendment of the provisions of the Covered Tax Agreements not modified through the Multilateral Instrument

5.4. Modifications of the provisions of the Multilateral Instrument

5.4.1. Interpretation of article 30 of the Multilateral Instrument with regard to the provisions of Covered Tax Agreements already modified through the Instrument

5.4.2. Are there grounds for an alternative interpretation of article 30 of the Multilateral Instrument?

5.4.3. Notifications of subsequent modifications

5.5. Amendment of the Multilateral Instrument

5.5.1. Amendment procedure provided in article 33 of the Multilateral Instrument

5.5.2. Alternative amendment procedures for multilateral treaties

5.6. Withdrawal from and termination of the Multilateral Instrument or the Covered Tax Agreements

5.6.1. Withdrawal from the Multilateral Instrument

5.6.2. Termination of the Multilateral Instrument

5.6.3. Termination of a Covered Tax Agreement

5.7. Conclusions

Conclusions

References

Other Titles in the IBFD Doctoral Series.

Notes:

Includes bibliographical references.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

90-8722-591-1

OCLC:

1151193065