2015-10-05

The Action 6 Report sets out other specific rules and recommendations to address other forms of treaty abuse. To foster the implementation of the minimum standard and other BEPS treaty-related measures in the global treaty network, a Multilateral Instrument (the MLI) that can modify existing bilateral tax agreements was concluded.

Action 6 – Treaty abuse • Treaty abuse is one of the most important sources of BEPS concerns • Three pronged approach to deal with Treaty shopping − A statement that Treaties intend to avoid tax evasion / avoidance / Treaty shopping (minimum standard); and − Inclusion of LOB rule in Treaties; and / or Just to reiterate the treaty abuse measures, the Action 6 of BEPS plan specifically addresses the concerns of treaty abuse and the ways for prevention of such abuse and makes suggestion of a three-pronged approach to address a treaty shopping situation. The PPT, the BEPS Inclusive Framework and MLI. 1. Background . Action 6 of BEPS introduced the principal purpose test (PPT) as one of the Minimum Standards to be implemented by the countries participating in the BEPS Inclusive Framework. The PPT has been also introduced in the Multilateral Instrument (MLI) in force since 1 July 2018. the OECD Base Erosion and Profit Shifting (BEPS) initiative, with special regard for the proposed general anti-abuse rule (GAAR). In the author’s opinion, although some of the criticism raised against it is justified, the proposed rule is in line with similar rules in comparative law.

In the author’s opinion, although some of the criticism raised against it is justified, the proposed rule is in line with similar rules in comparative law. 1. The General Anti-Abuse Rule and BEPS Action 6 - using the combined LOB and PPT approach described above; or - the inclusion of the PPT rule or; 3 OECD/G20 Base Erosion and Profit Shifting Project “Preventing the Granting of Treaty Benefits in Inappropriate Circumstances Action 6: 2015 Final Report (2015) in para 15. 4 OECD/G20 2015 Final Report on Action 6 in para 19. BEPS Action 6 aims to prevent the granting of treaty benefits in inappropriate circumstances. Applying the anti-abuse provisions to a fund is tricky. One approach, the Limitation-on-benefits (LoB) rule, involves tracing through to all of the beneficial owners to establish whether they are obtaining better treaty benefits Action 14: Three-pronged approach Three-pronged approach would consist: • Political commitments to effectively eliminate taxation not in accordance with the OECD Model Tax Convention on Income and on Capital • Provide new measures to improve access to the MAP and improved procedures BEPS presentation -Final - Copy 1.

The methodology used to perform the research consists of various steps. On 1 February 2017, the OECD released the first peer review documents on BEPS Action 13.

- using the combined LOB and PPT approach described above; or - the inclusion of the PPT rule or; 3 OECD/G20 Base Erosion and Profit Shifting Project “Preventing the Granting of Treaty Benefits in Inappropriate Circumstances Action 6: 2015 Final Report (2015) in para 15. 4 OECD/G20 2015 Final Report on Action 6 in para 19.

They've got the three-pronged documentation approach. The Action Plan identifies 15 actions to address BEPS in a comprehensive manner and sets deadlines to implement these actions. The Action Plan recognises that the actions to counter BEPS must be complemented with actions that ensure certainty and predictability for business.

group action is more complex and takes time to work out. Such is the case with the OECD’s approach to non-collective investment vehicle funds (non-CIV funds) and their interaction with the BEPS Action 6 on preventing the granting of treaty benefits in inappropriate circumstances. Action 6 refresher

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. BEPS Action 6 identifies tax treaty abuse and, in particular, treaty shopping, as one of the most significant sources of BEPS concerns. II. Generic Framework The basic framework of Action 6 is based on a three-pronged approach to be used by countries to release new treaties Action 6 of the BEPS Action Plan (Preventing Treaty Abuse) aims at the following three areas: 1. Development of model treaty provisions and The Discussion Draft recommends a three-pronged approach to address situations of treaty shopping: a) Clarify in the title and the preamble of tax treaties Report of the work of the OECD/G20 on the BEPS action 6 ―Preventing the granting of Treaty Benefits in Inappropriate Circumstances‖ where OECD proposed the three-pronged approach on preventing treaty abuse.5 The first recommendation regards the inclusion in the tax treaties of a Purpose of Action Item 6 . BIAC supports the broad aims of the BEPS initiatives, to tackle abusive, tax avoidance by a minority of taxpayers.

This reaffirms the importance of MAP as a principle, both at a treaty level, and in ensuring greater clarity for taxpayers and fellow competent authorities on how each country provides access to MAP and what MAP procedures exist. Action 6 : Prevent treaty abuse One of the key actions in preventing BEPS is Action 6, Preventing Treaty Abuse which includes combatting treaty shopping. The output is to recommend changes to the Model Tax Convention and recommendations for the design of domestic rules to prevent unintended uses of tax treaties such as group action is more complex and takes time to work out. Such is the case with the OECD’s approach to non-collective investment vehicle funds (non-CIV funds) and their interaction with the BEPS Action 6 on preventing the granting of treaty benefits in inappropriate circumstances. Action 6 refresher Action 6: Preventing the Granting of Treaty benefits in inappropriate circumstances The BEPS Action Plan had identified treaty abuse and treaty shopping as one of the most important sources of BEPS concerns. In order to address these concerns, the task force carried out work to develop model treaty c rules and identify the tax 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 Action 10 .
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Such is the case with the OECD’s approach to non-collective investment vehicle funds (non-CIV funds) and their interaction with the BEPS Action 6 on preventing the granting of treaty benefits in inappropriate circumstances. Action 6 refresher Action 6: Preventing the Granting of Treaty benefits in inappropriate circumstances The BEPS Action Plan had identified treaty abuse and treaty shopping as one of the most important sources of BEPS concerns.

Outlines a common approach to end base erosion by interest deduction rules for eligible MNEs. introduction of the principal purposes test under BEPS Action 6 on preventing treaty abuse. The Discussion Draft proposes that countries commit to providing access to MAP even in cases involving anti-abuse rules. Alternatively, it suggests that countries notify treaty partners of circumstances where access to MAP is denied.
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Impact of BEPS Implementation - there was a fairly broad consensus that 1) the Action 1 VAT recommendations are being widely implemented and that they are having a significant impact on tax collection in market jurisdictions; 2) the BEPS changes are impacting business models (particularly Action 7 encouraging a shift towards buy/sell), and that consistency in business model globally was