Multilateral Instrument: Analysis of Options and Notifications with Reference to the Prevention of Treaty Abuse Article

Journal
Chan, A.K.K.
China (People's Rep.); Hong Kong; OECD; Singapore
Asia-Pacific Tax Bulletin 2019 (Volume 25), No. 5
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This article analyses the technical rules of the options and notifications in the Multilateral Instrument, the legal structure and the game-tree structure of the MLI, and the legal principle underlying the reservations entered into by selected contracting jurisdictions with respect to article 7 – Prevention of Treaty Abuse. With the aid of the game-tree structure, it also considers how the selected contracting jurisdictions apply the provisions in article 7 to the Covered Tax Agreements and the policy choices available to the policy makers. The author pays attention to specific bilateral relations, especially those involving China, Hong Kong and Singapore.