The Origins of Article 5(5) and 5(6) of the OECD Model
This article by authors from the two countries which comprised the OEEC working party that originally drafted the permanent establishment article considers the history of the agency permanent establishment provisions from their respective legal perspectives in order to try to understand what was in...
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Veröffentlicht in: | World tax journal : WTJ 2014-10, Vol.6 (3) |
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Hauptverfasser: | , |
Format: | Artikel |
Sprache: | eng |
Online-Zugang: | Volltext |
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Zusammenfassung: | This article by authors from the two countries which comprised the
OEEC working party that originally drafted the permanent establishment article
considers the history of the agency permanent establishment provisions from
their respective legal perspectives in order to try to understand what was in
the minds of the members of the Working Party. This approach is assisted by the
fact that two years before their work for the OEEC the United Kingdom and
Germany had concluded a tax treaty. The authors have drawn on material in their
respective national archives about the negotiations of that treaty to show the
understanding that the working party members brought to the OEEC. One of the
conclusions is that they never appreciated the differences in their respective
laws of agency which has led to an unsatisfactory result caused by the two
legal systems approaching article 5(5) of the current OECD Model in different
ways and the exceptions in article 5(6) having different effects in each
system. |
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ISSN: | 1878-4917 2352-9237 |
DOI: | 10.59403/ryv1h1 |