Tax Treaties

Elective

The Tax Treaties course focuses on the operation of double taxation conventions (more colloquially referred to as “tax treaties” and often abbreviated as “DTCs”). The emphasis is on the interpretation and application of DTCs, though students will also learn something about the negotiation of DTCs.

The course includes the following topics:

• Introduction to the structure and operation of the principal model DTCs – the OECD Model Tax Convention (“MTC”) and the UN MTC
• General provisions and definitions – especially the definitions of “resident” and “permanent establishment”
• Business profits – Arts. 7 and 9 OECD MTC
• Passive income – Arts. 10, 11, and 12 OECD MTC
• Individuals – Arts. 15, 16, 17 and 18 OECD MTC
• Methods of relief from double taxation – Art. 23 OECD MTC
• Non-discrimination – Art. 24 OECD MTC
• Settlement of international fiscal disputes – mutual agreement procedure – Art. 25 OECD MTC
• The future role of DTCs

First year students are strongly encouraged to attend Tax Treaties, as it is a foundation for many of the other electives.

The course is taught by Visiting Professor Philip Baker KC.