Tax treaties: How to read them
Source: Taxation In Australia Journal Article
Published Date: 1 Dec 2018
The OECD commentaries are pivotal to understanding the web of double tax agreements. In particular, the Vienna Convention on the Law of Treaties, to which Australia is a party, is critical to understanding how treaties are interpreted. The place to start is Australian domestic law. For example, evidence of a later agreement about a treaty's meaning may work in some countries without a written constitution, but runs up against Australia's strict separation of government powers. The purpose of this article is to unpack the following questions: whether there is a particular approach to the language; whether there is an international fiscal language; whether it is legitimate to drive towards common approaches in the application of the DTA, at least between contracting states; whether in doing so, it is legitimate to look at practices and case law of other states; and whether this flows from the primary objective, of a DTA, to protect against double taxation.
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Details
- Published By: David W Marks KC CTA
- Published On:1 Dec 2018
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