Mutual agreement procedure enables taxpayers to seek bilateral competent authority resolution of treaty taxation disputes. The mutual agreement procedure allows a person claiming taxation not in accordance with the Convention to present the case to the competent authority of residence or nationality within the three-year time limit. The competent authority shall, if objection appears justified and it cannot itself resolve the matter, seek a mutual agreement with the competent authority of the other State to avoid taxation contrary to the Convention; such agreements must be implemented notwithstanding domestic time-limits. Competent authorities shall also consult on interpretation, eliminate double taxation where appropriate, communicate directly, and develop bilateral and unilateral procedures to implement the procedure.
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 enables taxpayers to seek bilateral competent authority resolution of treaty taxation disputes.
The mutual agreement procedure allows a person claiming taxation not in accordance with the Convention to present the case to the competent authority of residence or nationality within the three-year time limit. The competent authority shall, if objection appears justified and it cannot itself resolve the matter, seek a mutual agreement with the competent authority of the other State to avoid taxation contrary to the Convention; such agreements must be implemented notwithstanding domestic time-limits. Competent authorities shall also consult on interpretation, eliminate double taxation where appropriate, communicate directly, and develop bilateral and unilateral procedures to implement the procedure.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.