BEPS Action 6: Preventing Treaty Abuse

The BMG has submitted Comments on Treaty Abuse Follow-Up to the OECD proposals under Action 6 of the BEPS Project: Preventing Treaty Abuse.

Summary of the BMG Comments

Effective implementation is crucial especially to put pressure on key states with extensive treaty networks used for channeling investments (e.g. the Netherlands, Switzerland, United Arab Emirates, Qatar and Mauritius) to accept inclusion of anti-abuse provisions in their treaties. A political commitment should be sought through the G20 to issue a Declaration Against Harmful Tax Practices, which should include ending treaties which facilitate abuse.

Developing countries’ preferences should have priority, and technical assistance should be fully built into the BEPS project.

Limiting complexity should be a guiding principle.

Exchange of information is also key to effective implementation.

Discretionary relief must be limited to exceptional cases, and especially rare under the principal purpose test. Decisions should be published (redacted if necessary), like other tax rulings.

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