Making dispute resolution mechanisms more effective, action 14-2015 final report.
Annotation
Saved in:
| Format: | Ebook |
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| Language: | English |
| Published: |
Paris :
OECD,
[2015]
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| Series: | OECD/G20 Base Erosion and Profit Shifting Project (Series).
OECD/G20 base erosion and profit shifting project. |
| Subjects: | |
| Online Access: | OECD |
| Summary: | Annotation This report is the result of the work carried out on Action 14. The report reflects a commitment by countries to implement a minimum standard on dispute resolution, consisting of specific measures to remove obstacles to an effective and efficient mutual agreement procedure (MAP). The report also reflects agreement by countries to establish a monitoring mechanism to ensure that the commitments contained in the minimum standard are effectively satisfied. The minimum standard, complementary best practices and resulting changes to the OECD Model Tax Convention (OECD, 2014) are set out in detail in Sections I.A and I.B of this report. The framework for a peer-based monitoring mechanism is set out in Section I.C of this report. The conclusions of the work on Action 14 also reflect the agreement that certain responses to the obstacles that prevent the resolution of treaty-related disputes through the mutual agreement procedure are more appropriately presented as best practices, in general because, unlike the elements of the minimum standard, these best practices have a subjective or qualitative character that could not readily be monitored or evaluated or because not all OECD and G20 countries are willing to commit to them at this stage. These best practices are therefore not part of the minimum standard. The best practices are accompanied by explanations and, in some cases, changes to the OECD Model Tax Convention. Finally, the agreement to a minimum standard that will make tax treaty dispute resolution mechanisms more effective is complemented by the commitment, by a number of countries, to adopt mandatory binding arbitration. Whilst there is currently no consensus among all OECD and G20 countries on the adoption of mandatory binding arbitration as a mechanism to ensure the timely resolution of MAP cases, a significant group of countries has committed to adopt and implement mandatory binding arbitration. This commitment to MAP arbitration is set out in Section II of this report. |
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| Physical Description: | 1 online resource (45 pages). |
| Bibliography: | Includes bibliographical references. |
| ISSN: | 2313-2604 |
| DOI: | 10.1787/9789264241633-en |