OECD RELEASES REVISED DISCUSSION DRAFT ON BEPS ACTION 6: PREVENTION OF TREATY ABUSE

• Published in: Journal of International Taxation 2015-08, Vol.26 (8), p.55
• Main Authors: Collier, Richard, Van Weeghel, Stef, Greenfield, Phil, Olson, Pam, Cussons, Peter, Nauheim, Steve, Swenson, David
• Format: Article
• Language: English
• Subjects: Beneficiaries; International taxation; Investments; Pension funds; Proposals; Provisions; Shopping; Tax avoidance; Tax havens; Tax rates; Tax treaties
• ISSN: 1049-6378

On May 22, 2015, the OECD issued a revised discussion draft (RDD) on BEPS Action 6: Prevent Treaty Abuse. The RDD includes a simplified Limitation on Benefits Article for inclusion in the OECD Model Income Tax Convention and provides "conclusions and proposals" on 20 targeted issues. Most of the proposals are in response to public comment but the RDD also contains new proposals. Some proposals aim to restrict access to treaty benefits with respect to income that may be subject to preferential tax treatment. The introduction to the RDD stresses that it does not reflect a consensus view of the Committee on Fiscal Affairs. Rather, it is intended to provide stakeholders with substantive proposals on how to address the issues for analysis and public comment. The RDD marks the latest development in the OECD's work on preventing treaty abuse.