Michael McKenna and Kunal Vyas review the impact of Bayfine UK and the OECD discussion draft on the meaning of ‘beneficial ownership’ on the interpretation of double tax treaties
Determining the approach to adopt when seeking to interpret the provisions of a double tax treaty (DTT) can often give rise to difficulties.
On the one hand DTTs are international agreements between contracting states; on the other DTTs become part of the domestic tax law of each state providing opportunity for a potential conflict as to whether to adopt an ‘international’ or ‘domestic’ (generally more restrictive)...
