OECD: Consultation Document on the Treaty Entitlement of non-CIV Funds

By Robert Robillard - 25 March 2016

This blogpost originally appeared on rbrt.ca.

Paragraph 5 of the paper explains:

“This consultation document has been produced as part of the follow-up work on this issue [address adequately the treaty entitlement of non-collective investment vehicles (CIV) funds]. It includes a number of specific questions (which appear in boxes) related to concerns, identified in comments received on previous discussion drafts related to the Report on Action 6, as to how the new provisions included in the Report on Action 6 could affect the treaty entitlement of non-CIV funds as well as to possible ways of addressing these concerns that were suggested in these comments or subsequently.”

The OECD indicates in the Communiqué:

“Paragraph 14 of the final version of the Report on Action 6 of the BEPS Action Plan (Preventing the Granting of Treaty Benefits in Inappropriate Circumstances) indicates that the OECD will continue to examine issues related to the treaty entitlement of non-CIV funds in order to ensure that the new treaty provisions included in the BEPS Action 6 Report address adequately the treaty entitlement of these funds.

This consultation document has been produced as part of the follow-up work on this issue. It includes a number of specific questions related to concerns, identified in comments received on previous discussion drafts related to the BEPS Action 6 Report, as to how the new provisions included in the BEPS Action 6 Report could affect the treaty entitlement of non-CIV funds as well as to possible ways of addressing these concerns that were suggested in these comments or subsequently.

Commentators are invited to respond to the specific questions included in this consultation document in order to facilitate the analysis of these concerns and suggestions. Commentators may also offer additional suggestions. Since a number of questions are likely to be relevant only for commentators who supported specific approaches, it is expected that most commentators will only address some of the questions. The consultation document and the responses received will be discussed at the May 2016 meeting of Working Party 1 of the OECD Committee on Fiscal Affairs.

Responses should be sent by 22 April 2016 at the latest by email to taxtreaties@oecd.org in Word format (in order to facilitate their distribution to government officials). They should be addressed to the Tax Treaties, Transfer Pricing and Financial Transactions Division, OECD/CTPA.”

The Consultation Document is available here.

Reports on BEPS Action 6 are available here.

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

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