Treaty benefit denial where the main purpose is tax avoidance, including treaty shopping and non bona fide entities. Article 28 permits a Contracting Party to apply domestic measures against tax avoidance or evasion and to deny treaty benefits where the main purpose of persons concerned is non taxation or reduced taxation through avoidance, including treaty shopping aimed at indirect relief for third jurisdiction residents; it also covers legal entities without 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.
Treaty benefit denial where the main purpose is tax avoidance, including treaty shopping and non bona fide entities.
Article 28 permits a Contracting Party to apply domestic measures against tax avoidance or evasion and to deny treaty benefits where the main purpose of persons concerned is non taxation or reduced taxation through avoidance, including treaty shopping aimed at indirect relief for third jurisdiction residents; it also covers legal entities without bona fide business activities.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.