Limitation of Benefits: treaty benefits denied where main purpose is tax avoidance, including entities without genuine business activities. Article 28B permits a Contracting State to apply domestic anti-avoidance measures notwithstanding the treaty; it denies treaty benefits where the resident's affairs were arranged with the main purpose, or one of the main purposes, of obtaining treaty benefits, and expressly covers legal entities that do not carry on bona fide business activities.
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.
Limitation of Benefits: treaty benefits denied where main purpose is tax avoidance, including entities without genuine business activities.
Article 28B permits a Contracting State to apply domestic anti-avoidance measures notwithstanding the treaty; it denies treaty benefits where the resident's affairs were arranged with the main purpose, or one of the main purposes, of obtaining treaty benefits, and expressly covers legal entities that do not carry on bona fide business activities.
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