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TAX TREATY MONITOR
Tax Treaty News
Prof. Dr Dr h.c. Klaus Vogel
pp. 3-4
At Sixes and Sevens: The Relationship between the Taxation of Business Profits and Income from Immovable Property under Tax Treaties
Brian J. Arnold
pp. 5-18
This article discusses the relationship between Art. 6 (Income from immovable property) and Art. 7 (Business profits) of the OECD Model Tax Convention. The issue examined is whether it is appropriate for Art. 6 to apply in preference to Art. 7 in all circumstances. After an overview of Arts. 6 and 7, the article considers the potential overlap between them, which involves the situation where immovable property constitutes a permanent establishment under Art. 5 and where income from immovable property constitutes business profits.
The Multiple Amendment of Bilateral Double Taxation Conventions
John Avery Jones CBE and Philip Baker QC OBE
pp. 19-22
One of the most pressing problems in international tax practice is how to devise a simple system - consistent with the bilateral nature of existing treaties and the constitutional traditions of the many countries concerned - for amending the wording of many bilateral treaties in a short period of time. This article looks at some possible solutions to this problem and proposes that the OECD adopt multilateral framework agreements for amending existing treaties.
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The Treaty Definition of Royalties
Catherine Bobbett and John Avery Jones
pp. 23-28
The joint IFA/OECD seminar at the 2005 IFA Congress in Buenos Aires examined the definition of royalties in the OECD Model Tax Convention. This article summarizes the discussion at the seminar.
Immovable Property Companies as Defined in Article 13(4) of the OECD Model
Stefano Simontacchi
pp. 29-37
After considering the nature and purpose of Art. 13(4), this article examines various aspects of the provision, including (among others): shares deriving value from immovable property, the definition of immovable property, determining the sources from which the shares derive their value, when the 50% test must be satisfied, and the compatibility of the "deriving value" test with the purpose of Art. 13(4).
ARTICLE
State Responsibility in Taxation Matters
Hans Pijl
pp. 38-51
This article gives an overview of the rules of state responsibility as reflected in the Articles on the Responsibility of States for internationally wrongful acts, a set of rules largely reflecting customary law and recommended by the United Nations General Assembly. The article also provides a general review of some of the subjects in the area of state responsibility and surveys the pertinent rules.
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