Mutual agreement procedure lets taxpayers seek competent authority negotiation to resolve treaty-inconsistent taxation through bilateral agreement. A Mutual Agreement Procedure allows a person who believes treaty provisions have been breached to present their case to the competent authority of their State of residence or nationality within the treaty's specified time-limit. If the objection seems justified and cannot be resolved unilaterally, the competent authority will seek a mutual agreement with the other Contracting State to avoid taxation inconsistent with the treaty; such agreements must be implemented despite domestic time-limits. Competent authorities shall consult to resolve interpretive or application issues, may address unprovided cases to eliminate double taxation, and may communicate directly or by joint commission to develop implementation procedures.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Mutual agreement procedure lets taxpayers seek competent authority negotiation to resolve treaty-inconsistent taxation through bilateral agreement.
A Mutual Agreement Procedure allows a person who believes treaty provisions have been breached to present their case to the competent authority of their State of residence or nationality within the treaty's specified time-limit. If the objection seems justified and cannot be resolved unilaterally, the competent authority will seek a mutual agreement with the other Contracting State to avoid taxation inconsistent with the treaty; such agreements must be implemented despite domestic time-limits. Competent authorities shall consult to resolve interpretive or application issues, may address unprovided cases to eliminate double taxation, and may communicate directly or by joint commission to develop implementation procedures.
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