Interpreting the Factor of Dominion in Conduit Company Cases

Journal
International; OECD
Bulletin for International Taxation 2019 (Volume 73), No. 5
The factor of dominion should be interpreted in the light of the object and purpose of double tax treaties. Such an approach in turn helps courts to interpret the beneficial ownership requirement in the same manner as they interpret a general anti-avoidance rule. Certain courts have adopted this approach and come to the correct result.