The limitation on benefits provision in BEPS Action 6/Multilateral Instrument: Ineffective overreaction of mind-numbing complexity: Part 2

Publication Type

Journal Article

Publication Date

1-2018

Abstract

This is the second part of a comprehensive two-part article addressing the usefulness of the limitation on benefits (LOB) provision in base erosion and profit shifting (BEPS) Action 6 and the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI) in prevention of abusive treaty shopping-the most prevalent and typical form of treaty abuse. The study concludes that the MLI LOB rule is an ineffective overreaction of 'mind-numbing complexity' which, despite its great potential to reflect the nature of tax treaties and treaty shopping, seems to be a lost opportunity to address that most prevalent form of treaty abuse in a targeted, effective manner. After a critical analysis, de lege ferenda conclusions will follow.

Discipline

Accounting | Taxation

Publication

Intertax (Includes EC Tax Review)

Volume

46

Issue

2

First Page

124

Last Page

139

ISSN

0165-2826

Publisher

Kluwer Law International

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