Today was the latest Public Consultation as part of the OECD
BEPS process. This particular consultation focused on the BEPS Action 15, the
creation of a multilateral instrument to amend the numerous double tax treaties
between countries, to reflect the key proposals of the BEPS project.
The draft text of this instrument has not been published
yet, and so the discussion today was more about principles.
One key question came up, and is quite fundamental to how
the MLI will operate. I have focused here on the discussion of that one point
only.
Should the MLI
directly amend perhaps 2,000 bilateral treaties, or sit as a multilateral overlay
to adopting tax treaties in perpetuity?