Treaty Shopping: Source Countries Fight Back 2010

Attacks on treaty shopping by tax authorities have become one of the biggest issues in international tax within the Asia Pacific region. For any company relying on double tax treaties in its international tax strategy, it is critical to understand the different types of provisions which can be used by tax authorities to deny treaty benefits and how to best protect the company from such attacks.

CCH Executive Events presents a one-day workshop to explore in detail the different forms of treaty shopping attack, which range from the application of treaty-based provisions (such as the “beneficial ownership” condition in Articles 10, 11 and 12 and specific “limitation on benefits” articles) to the use of domestic tax law anti-avoidance rules (such as a General Anti-Avoidance Rule and a substance over form doctrine).

The workshop will also analyse the position taken in various Asia Pacific countries (e.g. Korea, China, India, Indonesia and Australia). Finally, applying the maxim that “forewarned is forearmed”, the actions which a company should take now in order to best protect itself against such attacks in the future will also be identified.