New Public Discussion Draft on BEPS Action 7 (Prevent the Artificial Avoidance of PE Status)

By Robert Robillard - 15 May 2015

This blogpost originally appeared on

From the OECD website a new public discussion draft; but we are told to “keep it as short as possible”:

“Public comments are invited on a new discussion draft which includes proposals resulting from the work on Action 7 (Prevent the Artificial Avoidance of PE Status) of the Action Plan on Base Erosion and Profit Shifting (BEPS).

On 31 October 2014, the OECD released a first discussion draft on Action 7 which described a number of PE avoidance strategies and included a number of alternative options on how to deal with these strategies. Based on the comments that were received on that discussion draft and the interventions at a public consultation meeting held on 21 January 2015, the options included in the first discussion draft were reviewed in order to produce a specific preferred proposal with respect to each PE avoidance strategy previously identified.

This new discussion draft reflects the proposals that resulted from that work and on which comments are now invited. Comments should be sent by 12 June 2015 at the latest (no extension will be granted) and should be sent by email to in Word format (in order to facilitate their distribution to government officials). They should be addressed to Marlies de Ruiter, Head, Tax Treaties, Transfer Pricing and Financial Transactions Division, OECD/CTPA.

Comments should be kept as short as possible: commentators should note that the proposals in this second discussion draft were all included among the options that appeared in the October 2014 discussion draft on which extensive comments were submitted and on which a public consultation meeting was held on 21 January 2015. For the same reason, no public consultation meeting will be held on the proposals included in this second discussion draft.”

Robert Robillard, Ph.D., CPA, CGA, Adm.A., MBA, M.Sc. Econ., M.A.P.
Senior Partner, RBRT Inc.
514-742-8086; robertrobillard “at”

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