OECD Multilateral Instrument Status Tracker
OECD Multilateral Instrument status tracker Current as of 1 June 2019 Introduction 1 Status of the MLI as at 1 June 2019 2 World heat map 2 Europe 3 Asia-Pacific and the Middle East 4 Americas 5 Africa 6 Matrices of CTAs 7 Appendices 15 Contacts 18 OECD Multilateral Instrument status tracker | Introduction
Introduction
Scope
This document is a status tracker for the implementation •• OECD BEPS Project – The BEPS project supported by of the Multilateral Convention to Implement Tax the G20 now includes over 100 countries. Countries Treaty Related Measures to Prevent Base Erosion and are able to take part in the ongoing work if they Profit Shifting generally referred to as the Multilateral commit to implementation of the agreed minimum Instrument or MLI. This MLI status tracker is intended to standards. consolidate general information on the application of the •• OECD Model Tax Convention – The OECD Model treaty. The tracker has been reviewed and updated as of Tax Convention on Income and on Capital is the model 1 June 2019. traditionally used by developed economies when negotiating double tax conventions. As at 1 June 2019, 88 jurisdictions have signed the MLI, and 26 of those jurisdictions have also deposited their •• Tax treaty – A tax convention between two instruments of ratification with the OECD. jurisdictions for the avoidance of double taxation with respect to taxes on income and on capital. Please note the following definitions used in the document: The MLI status tracker is intended to be a quick reference guide, and is not an exhaustive overview of all information relating to the MLI. It should not be relied •• Base Erosion and Profit Shifting (BEPS) refers upon for making business decisions, and experienced to tax planning strategies that may be used to tax professionals should be consulted before taking any exploit gaps and mismatches in the tax rules of action. For more information regarding the application different countries to artificially shift profits to low or of the MLI in specific countries, and about Deloitte’s tax no-tax locations where there is little or no economic practice in those jurisdictions, please contact your usual activity. Deloitte tax adviser. •• BEPS Action Plan – This plan, published by the OECD, includeds 15 actions to address BEPS in a The MLI status tracker will be updated when additional comprehensive manner. information becomes available; please check our website for the latest updates.
1 OECD Multilateral Instrument status tracker | Status of the MLI as at 1 June 2019
Status of the MLI as at 1 June 2019
World heat map
Overall MLI status MLI status by regions (including the jurisdictions that intend to sign the MLI) 26 7 •• 88 jurisdictions have signed the MLI 18 •• 7 jurisdictions have expressed an intention to sign the MLI 7
1 62 25 14 11 12 1 3 3 Legend urope Americas Asia Pacific A rica and MLI jurisdiction, ratified the MLI, instrument of ratification has been Middle ast deposited with the OECD MLI jurisdiction, MLI ratification pending
Non-MLI jurisdiction, expressed intention to sign MLI
Non-MLI jurisdiction
•• Consider whether choices each treaty partner has made in relation to MLI articles gives rise to a “match”
•• Consider entry into effect dates for specific articles
•• Asymmetrical entry into effect between treaty partners is possible
2 OECD Multilateral Instrument status tracker | Status of the MLI as at 1 June 2019
Europe heat map
S e en I e an n an
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I e an e a us o an ue nse e an e h Je se e u a ne S o a a Lu e ou S t e an ust a un a L e htenste n o an a an e Ita Mo o a Se a Legend u a a Ma e on a Mona o 18 MLI jurisdiction, ratified the MLI, instrument of ratification has been deposited with OECD n o a San o tu a S a n Ma no u e 25 MLI jurisdiction, MLI ratification pending
ee e 1 Non-MLI jurisdiction, expressed its intention Ma ta us to sign MLI an a Non-MLI jurisdiction S o en a Montene o oat a osn a an e e o na
•• All EU member states have signed the MLI, as have 15 other •• Although the MLI is effective in Sweden as from 2019, Sweden countries in Europe. still must complete its internal procedures before the MLI will be effective in its entirety. •• 18 jurisdictions have ratified the MLI and deposited their instruments of ratification with the OECD (depicted in blue). These •• Jersey and the Isle of Man do not have any matching covered tax jurisdictions have made their final choices with respect to adoption agreements (CTAs) with any of the above countries. of the MLI articles. •• In 2020, MLI articles will be effective in Finland, Guernsey, Ireland, •• In 2019, MLI articles are effective in Austria, France, Lithuania, Luxembourg, Malta, Monaco and the Netherlands. More European Poland, Serbia, Slovakia, Slovenia and the UK. For more information jurisdictions likely will be affected by the MLI, depending on the on the MLI articles that are effective as of 2019 in the above timing of the ratification process. countries, see pages 7-14.
3 OECD Multilateral Instrument status tracker | Status of the MLI as at 1 June 2019
Asia-Pacific and the Middle East heat map
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Legend
7 MLI jurisdiction, ratified the MLI, instrument of ratification has been deposited with OECD 14 MLI jurisdiction, MLI ratification pending
3 Non-MLI jurisdiction, expressed its intention to sign MLI
Non-MLI jurisdiction ust a a
e ea an
•• 21 jurisdictions in the Asia-Pacific (AP) and Middle East (ME) •• In 2019, MLI articles are effective in Australia, Israel, Japan and New regions have signed the MLI. Zealand. For more information on the MLI articles that are effective as of 2019 in the above countries, see pages 7-14. •• Seven jurisdictions have ratified the MLI and deposited their instruments of ratification with the OECD (depicted in blue). These •• In 2020, MLI articles will be effective in Georgia, Singapore and jurisdictions have made their final choices with respect to adoption the UAE. of the MLI articles. •• More jurisdictions in the AP and ME likely will be affected by the MLI as from 1 January 2020, depending on the timing of the ratification processes.
4 OECD Multilateral Instrument status tracker | Status of the MLI as at 1 June 2019
Americas heat map
St Maa ten
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MLI jurisdiction, ratified the MLI, instrument Me o 1 e e aha as of ratification has been deposited with OECD o n an e MLI jurisdiction, MLI ratification pending 12 Ja a a ue to o on u as 0 Non-MLI jurisdiction, expressed its intention a a ua to sign MLI uate a a Sa a o ana a Non-MLI jurisdiction osta a
•• 13 jurisdictions in the Americas region have signed the MLI. •• Other jurisdictions can change their initial MLI positions before ratifying the MLI. •• Only Curacao has ratified the MLI and deposited its instrument of ratification with the OECD. Curacao has made its final choices with •• The MLI will not be effective in the Americas region in 2019. respect to adoption of the MLI articles. •• The MLI will be effective in Curacao as from 2020.
5 OECD Multilateral Instrument status tracker | Status of the MLI as at 1 June 2019
Africa heat map
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Legend o o os n o a MLI jurisdiction, ratified the MLI, instrument 0 a a of ratification has been deposited with OECD Ma a MLI jurisdiction, MLI ratification pending 11 a e Ma a as a Non-MLI jurisdiction, expressed its intention Mo a ue 3 a a to sign MLI ots ana Mau t us Non-MLI jurisdiction S a an
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•• 11 jurisdictions in the Africa region have signed the MLI, but none •• The MLI will not be effective in the Africa region in 2019 of these jurisdictions have ratified the MLI and deposited their because none of the countries have ratified and deposited their instruments of ratification with the OECD. instruments of ratification with the OECD.
•• All 11 jurisdictions can change their initial MLI positions before •• The Africa region could be affected by the MLI as from 2020, ratifying the MLI. depending on the timing of the ratification processes.
6 OECD Multilateral Instrument status tracker | Matrices of CTAs
Matrices of CTAs
MLI impact as at 1 January 2019 Note:
•• As at 1 January 2019, the MLI applies in the following 15 •• Jersey and the Isle of Man have not listed tax treaties jurisdictions in Europe, Asia-Pacific and the Middle East with any of the other jurisdictions that have deposited since these countries ratified the MLI and deposited their instruments of ratification with the OECD by their instruments of ratification with the OECD by 1 1 October 2018 so there are no CTAs for these October 2018: Australia, Austria, France, Isle of Man, jurisdictions to be covered by the MLI articles as per 1 Israel, Japan, Jersey, Lithuania, New Zealand, Poland, January 2019. Serbia, Slovakia, Slovenia, Sweden and the UK. The •• Curacao, Finland, Georgia, Guernsey, Ireland, MLI is not yet in effect in any countries in Africa or the Luxembourg, Malta, Monaco, Netherlands, Singapore Americas as at 1 January 2019 because no jurisdiction and the UAE are not included in the matrices because has ratified the MLI and deposited its instrument of the MLI articles, with the exception of dispute ratification with the OECD. resolution, will enter into effect as from 2020 in these •• The following pages provide more information on the countries. impact of the MLI as at 1 January 2019 on certain CTAs showing: ––Where the MLI entered into force on or before 1 January 2019; ––Where the MLI entered into effect with respect to withholding tax (WHT) as from 1 January 2019; ––Where the MLI will enter or has entered into effect with respect to other taxes during 2019; and ––Where the MLI is effective with respect tomutual agreement provisions (MAP). The entry into effect dates for MAP could be different from WHT and other taxes.
7 OECD Multilateral Instrument status tracker | Matrices of CTAs
MLI entered into force on or before 1 January 2019
Matrix and list of CTAs
MLI Australia Austria France Israel Japan Lithuania New Poland Serbia Slovakia Slovenia Sweden UK Treaty country Partner Zealand Australia
Austria
France
Israel
Japan
Lithuania
New Zealand
Poland
Serbia
Slovakia
Slovenia
Sweden
UK
Number of CTAs 6 7 11 8 8 9 6 12 7 11 8 7 10 impacted per country
List1 of CTAs covered by the MLI as of 1 January 2019:
1. Japan-Australia 20. UK-Lithuania 39. Sweden-Israel 2. Japan-France 21. UK-New Zealand 40. Sweden-Lithuania 3. Japan-Israel 22. UK-Poland 41. Austria-Israel 4. Japan-New Zealand 23. UK-Serbia 42. Austria-Lithuania 5. Japan-Poland 24. UK-Slovakia 43. Austria-Serbia 6. Japan-Slovakia 25. UK-Slovenia 44. Austria-Slovakia 7. Japan-Sweden 26. UK-Sweden 45. Austria-Slovenia 8. Japan-UK 27. Australia-New Zealand 46. Israel-Lithuania 9. France-Austria 28. Australia-Poland 47. Israel-Slovakia 10. France-Australia 29. Australia-Slovakia 48. Israel-Slovenia 11. France-Israel 30. Poland-Austria 49. Slovakia-Lithuania 12. France-Lithuania 31. Poland-Israel 50. Slovakia-Serbia 13. France-New Zealand 32. Poland-Lithuania 51. Slovakia-Slovenia 14. France-Poland 33. Poland-New Zealand 52. Slovakia-Sweden 15. France-Serbia 34. Poland-Serbia 53. Slovenia-Lithuania 16. France-Slovakia 35. Poland-Slovakia 54. Slovenia-Serbia 17. France-Slovenia 36. Poland-Slovenia 55. Lithuania-Serbia 18. France-UK 37. Poland-Sweden 19. UK-Australia 38. Sweden-New Zealand
1. The list is sorted by country name based on country's gross domestic product. For a full list of CTAs per country, see the above matrix.
8 OECD Multilateral Instrument status tracker | Matrices of CTAs
Key takeaways
Mutual agreement procedure (application of Article 16 of the MLI)
General: The MAP allows the competent authorities of the governments of both Contracting Jurisdictions to attempt to resolve cross-border tax disputes. Such disputes may involve cases of double taxation (juridical and economic), as well as inconsistencies in the interpretation and application of a tax treaty.
Status: Other considerations:
•• The MLI generally enters into effect for dispute •• Mandatory binding arbitration may apply after a resolution immediately after the MLI enters into force case has spent two years in a MAP. However, many for both countries. jurisdictions have opted out of the arbitration provisions (Articles 18-26 of the MLI) as these are not •• As Article 16 covers one of the BEPS minimum part of the BEPS minimum standard. standards, jurisdictions that sign the MLI must incorporate this article into their CTAs.
•• Therefore, Article 16 of the MLI is effective in all 13 jurisdictions (see page 8 for the tax treaties covered by the MLI and, therefore, impacted by Article 16).
•• It should be noted that there may be complexity as to whether disputes from earlier years can benefit from an extended MAP period introduced by Article 16 because the entry into effect provisions in Article 35 specifically exclude cases that “were not eligible to be presented” before a CTA was modified.
9 OECD Multilateral Instrument status tracker | Matrices of CTAs
MLI enters into effect with respect to WHT starting from 2019
Matrix and list of CTAs
MLI Australia Austria France Israel Japan Lithuania New Poland Serbia Slovakia Slovenia Sweden1 UK Treaty country Partner Zealand Australia
Austria
France
Israel
Japan
Lithuania
New Zealand
Poland
Serbia
Slovakia
Slovenia
Sweden
UK
Number of CTAs 6 7 11 7 7 8 5 11 7 10 8 9 impacted per country
List2 of CTAs that are covered by the MLI provisions with respect to WHT starting from 2019:
1. Japan-Australia 20. UK-New Zealand 39. Austria-Slovenia 2. Japan-France 21. UK-Poland 40. Israel-Lithuania 3. Japan-Israel 22. UK-Serbia 41. Israel-Slovakia 4. Japan-New Zealand 23. UK-Slovakia 42. Israel-Slovenia 5. Japan-Poland 24. UK-Slovenia 43. Slovakia-Lithuania 6. Japan-Slovakia 25. Australia-New Zealand 44. Slovakia-Serbia 7. Japan-UK 26. Australia-Poland 45. Slovakia-Slovenia 8. France-Austria 27. Australia-Slovakia 46. Slovenia-Lithuania 9. France-Australia 28. Poland-Austria 47. Slovenia-Serbia 10. France-Israel 29. Poland-Israel 48. Lithuania-Serbia 11. France-Lithuania 30. Poland-Lithuania 12. France-New Zealand 31. Poland-New Zealand 13. France-Poland 32. Poland-Serbia 14. France-Serbia 33. Poland-Slovakia 15. France-Slovakia 34. Poland-Slovenia 16. France-Slovenia 35. Austria-Israel 17. France-UK 36. Austria-Lithuania 18. UK-Australia 37. Austria-Serbia 19. UK-Lithuania 38. Austria-Slovakia
1. The MLI provisions with respect to WHT will not enter into effect for Sweden until Sweden has completed its internal procedures.
2. The list is sorted by country name based on country's gross domestic product. For a full list of CTAs per country, see the above matrix.
10 OECD Multilateral Instrument status tracker | Matrices of CTAs
Key takeaways
Prevention of treaty abuse (application of Article 7 of the MLI)
General: CTAs must include an anti-abuse rule to prevent treaty benefits from being granted in unintended circumstances. The anti-abuse rule may take one of two forms: (i) a principle purpose test (PPT) or (ii) a simplified LOB rule, supplemented by a PPT. The PPT will have the effect of denying treaty benefits (e.g., a reduction in WHT on dividends, interest and royalties) where it is reasonable to conclude, having regard to all relevant facts and circumstances, that obtaining a treaty benefit is one of the principal purposes of the party seeking to rely on the relevant treaty.
Status: Other considerations:
•• For Article 7 of the MLI to take effect from 1 January •• Many existing bilateral tax treaties already may include 2019, countries generally would have had to ratify anti-abuse provisions, but the scope may be narrower and deposit their instruments of ratification before 1 than the PPT. October 2018. •• Some jurisdictions have domestic-anti abuse •• As at 1 January 2019, the MLI entered into effect with provisions that target artificial structures or those that respect to WHT in almost all jurisdictions that had lack substance; these provisions may prevent access to ratified the MLI and deposited their instruments of tax treaties even before consideration can be given to ratification before 1 October 2018, except for Sweden, the application of a PPT. which still must complete its internal procedures •• In addition, jurisdictions may have tightened or before the MLI will be effective. All 12 jurisdictions that otherwise revised their domestic anti-abuse rules completed the ratification process before 1 October (e.g. domestic implementation of the general anti- 2018 have chosen to incorporate the PPT only (see abuse rule in the EU Anti-Tax Avoidance Directive or page 10 for the tax treaties that are covered by the MLI amended their domestic rules on the basis of the and, therefore, impacted by Article 7 of the MLI as it recommendations of the OECD Report on Preventing applies to WHT, from 1 January 2019). the Granting of Treaty Benefits in Inappropriate Circumstances (BEPS Action 6)).
11 OECD Multilateral Instrument status tracker | Matrices of CTAs
MLI enters into effect with respect to other taxes during 2019
Matrix and list of CTAs
MLI Australia Austria France Israel Japan Lithuania New Poland Serbia Slovakia Slovenia Sweden UK Treaty country Partner Zealand Australia
Austria
France
Israel
Japan
Lithuania
New Zealand
Poland
Serbia
Slovakia
Slovenia
Sweden
UK
Number of CTAs 6 2 2 2 2 4 impacted per country
List1 of CTAs that are covered by the MLI provisions with respect to other taxes during 2019:
1. Japan-Australia 2. France-Australia 3. UK-Australia •• The application of the MLI articles to a specific tax treaty should be considered 4. UK-New Zealand on a case-by-case basis. 5. UK-Poland 6. UK-Serbia •• The exact entry into effect date will depend on the taxable period in each 7. UK-Slovenia country. The tax year follows the calendar year for some countries but there 8. Australia-New Zealand are exceptions. 9. Australia-Poland •• MLI articles related to other taxes will include those linked to permanent 10. Australia-Slovakia establishment provisions and dual residence. 11. Poland-Austria 12. Poland-New Zealand 13. Poland-Slovenia 14. Austria-Slovenia
1. The list is sorted by country name based on country's gross domestic product. For a full list of CTAs per country, see the matrix above.
12 OECD Multilateral Instrument status tracker | Matrices of CTAs
Key takeaways
Artificial avoidance of permanent establishment status through commissionnaire arrangements and similar strategies (application of Article 12 of the MLI)
General: A permanent establishment will arise not only where a dependent agent concludes contracts in the name of the enterprise, but also contracts for the transfer of, or for the granting of the right to use, property owned by that enterprise, or for the provision of services by that enterprise, where the agent habitually concludes contracts, or habitually plays the principal role leading to the conclusion of contracts that are routinely concluded without material modification by the enterprise.
Status: Other considerations:
•• For Article 12 of the MLI to take effect as from 1 •• The definition of a permanent establishment is set out January 2019, countries generally would have had in Article 5 of the OECD Model Tax Convention (2017 to ratify the MLI and deposit their instruments of version), and the text included in Article 12 of the MLI ratification before 1 April 2018 where their tax period is consistent with the language used there. As a result aligns with the calendar year. However, some countries of the update to the OECD model, some newer tax have taxable periods that are not based on a calendar treaties already may contain the revised language. In year: Australia (from 1 July), New Zealand (from 1 April), addition, some jurisdictions may choose to align their the UK (from 1 April for corporate taxes). domestic law on permanent establishment with this definition, irrespective of whether they have signed the •• During 2019, the MLI enters into effect with respect to MLI or opted to apply Article 12. other taxes in Australia, New Zealand, Poland, Slovenia and the UK. Out of these jurisdictions, only New Zealand and Slovenia have opted to apply Article 12 of the MLI; the other jurisdictions opted out of this article. As at 1 January 2019, there is no tax treaty between New Zealand and Slovenia, so no tax treaty will be affected by Article 12 as from 2019.
Countries that opted for Article 12: Countries that opted out of Article 12:
1. France 2. Israel 1. Australia 2. Austria
3. Japan 4. Lithuania 3. Poland 4. Sweden
5. New Zealand 6. Serbia 5. UK
7. Slovakia 8. Slovenia
Jurisdictions where the MLI is applied in 2019 are shown in bold.
13 OECD Multilateral Instrument status tracker | Matrices of CTAs
Artificial avoidance of permanent establishment status through the specific activity exemptions (application of Article 13(4) of the MLI)
About: Prevention of the fragmentation of a cohesive operating business into several small operations in order to fall within the “preparatory or auxiliary” exemption of the permanent establishment definition.
Status: Other considerations:
•• For Article 13(4) to take effect as from 1 January •• Due to differences in taxable periods, there may be 2019, countries generally would have had to ratify asymmetrical entry into effect dates in respect of the MLI and deposit their instruments of ratification Article 13(4) between Contracting Jurisdictions. before 1 April 2018 where the tax period aligns with •• The anti-fragmentation rule is also set out in Article the calendar year. However, as noted above, some 5 of the 2017 version of the OECD Model Tax countries have taxable periods that are not based on a Convention, and the text included in Article 13(4) of calendar year, i.e., Australia (from 1 July), New Zealand the MLI is in line with that rule. Due to the revision to (from 1 April) and the UK (from 1 April for corporate the OECD model, some newer tax treaties already may taxes). contain anti-fragmentation language. In addition, some •• During 2019, the MLI enters into effect with respect jurisdictions may align their domestic law with this to other taxes only in Australia, New Zealand, Poland, change to the definition of permanent establishment, Slovenia and the UK. Out of these countries, Australia, irrespective of whether they have signed the MLI or New Zealand, Slovenia and the UK have opted for Article opted to apply Article 13(4) of the MLI. 13 (4) and Poland have opted out of this article. See page 12 for treaties that are covered by the MLI and, therefore, are impacted by Article 13(4) during 2019.
Countries that opted for Article 13(4): Countries that opted out of Article 13(4):
1. Australia 2. France 1. Austria 2. Poland
3. Israel 4. Japan 3. Sweden
5. Lithuania 6. New Zealand
7. Serbia 8. Slovakia
9. Slovenia 10. UK
Jurisdictions where the MLI is applied in 2019 are shown in bold.
14 OECD Multilateral Instrument status tracker | Appendices
Appendices
BEPS Action Plan Action 1 Action 7 •• Over 100 countries are participating in the OECD BEPS Digital economy Permanent establishments project, which is intended to ensure that international Action 2 Actions 8-10 tax rules are appropriate for an increasingly globalized Hybrid mismatches Transfer pricing business world and that profits are taxed where the economic activities generating the profits are Action 3 Action 11 performed and where value is created. Controlled foreign companies rules Data analysis •• The BEPS action plan includes 15 actions, and reports Action 4 Action 12 have been agreed and published on many of the Interest restrictions Disclosure rules actions but work on some is ongoing. Certain elements of these actions represent minimum standards these Action 5 Action 13 are preventing harmful tax practices and exchanging Harmful tax practices Transfer pricing documentation information on tax rulings in Action 5, preventing treaty shopping in Action 6, country-by-country Action 6 Action 14 reporting in Action 13 and improvement of the MAP in Treaty abuse Dispute resolution Action 14. Action 15 Multilateral Instrument
Scope of the MLI •• The MLI will not replace existing tax treaties or change underlying treaty text, nor will it function in the same •• Recognizing the need to consider innovative ways way as an amending protocol to a treaty. to implement the tax treaty-related measures of the OECD BEPS project, the OECD proposed the •• The MLI will apply alongside a tax treaty and modify development of the MLI (BEPS Action 15). its application by allowing participating jurisdictions to adopt the BEPS recommendations without having to •• The MLI enables quick and consistent implementation renegotiate each relevant treaty. of the tax treaty recommendations that follow from the BEPS project. The following BEPS actions are covered by the MLI: ––Hybrid mismatches (BEPS Action 2); Hybrid ––Treaty abuse (BEPS Action 6); Treaty abuse mismatches ––Permanent establishments (BEPS Action 7); and BEPS Action 6 BEPS Action 2 ––Dispute resolution (BEPS Action 14).
•• While the MLI is designed to apply to as many tax MLI treaties as possible, participating jurisdictions may BEPS Action 15 prefer not to amend a specific treaty via the MLI if, for example, that treaty was recently renegotiated to implement the outcomes of the OECD BEPS project Permanent or is currently under renegotiation and will implement Dispute Establishment those outcomes. resolution BEPS Action 7 BEPS Action 14
15 OECD Multilateral Instrument status tracker | Appendices
Structure of the MLI
The MLI consists of 39 articles (MLI Articles): •• Jurisdictions that sign the MLI have limited flexibility with respect to the adoption of the MLI provisions that form part of the agreed minimum standard: Articles 1 and 2 set out the scope of the ––Articles 6 and 7 reflect the minimum standard for MLI and the interpretation of terms the prevention of treaty abuse under BEPS Action 6; and ––Articles 16 and 17 reflect the minimum standard for Articles 3-17 cover the various BEPS the improvement of dispute resolution under BEPS measures included in the MLI Action 14.
•• Opting out of these provisions is possible only in Articles 18-26 cover the provisions on limited circumstances. arbitration including provisions relating •• For other MLI provisions, there generally is flexibility to mandatory binding arbitration to opt out of either all or part of the provision.
•• The optional changes to tax treaties in the MLI Articles 27-39 cover provisions relevant include changes to deal with transparent entities to adoption and implementation of (Article 3), tiebreaker rules for dual resident entities the MLI including ratification, entry (Article 4), different options for eliminating double into force and entry into effect dates, tax relief (Article 5), minimum shareholding periods withdrawal, etc. to benefit from the provision relating to dividends (Article 8), changes to the definition of a permanent establishment (Article 12), etc.
The Explanatory Statement to the MLI clarifies and explains the meaning of the MLI Articles.
The OECD website includes a list of signatories of the MLI and information on the articles of the MLI that signatories of the MLI have chosen to adopt (MLI Position), as well as an MLI Matching Database.
16 OECD Multilateral Instrument status tracker | Appendices
MLI milestones and entry into effect
22 Sept 2017 Deposit of fifth 24 Nov 2016 Austria 15 Dec 2017 instrument of MLI enters into Publication of MLI deposits Jersey deposits ratification by force for first five instrument of instrument of Slovenia jurisdictions ratification ratification 7 Jun 22 Mar 1 Jul 1 Jan 2017 25 Oct 2017 2018 2018 2019 Isle of Man 23 Jan 2018 Expiration of Signing ceremony: deposits Poland deposits three calendar MLI first enters into 68 jurisdictions instrument of instrument of month period effect for certain sign MLI ratification ratification jurisdictions
As at 1 June 2019, the instrument of ratification was deposited by: Different effectives dates are applicable for various MLI articles: Austria 22 September 2017 France 26 September 2018 •• Withholding taxes Isle of Man 25 October 2017 Japan 26 September 2018 Jersey 15 December 2017 Malta 18 December 2018 •• Other taxes Poland 23 January 2018 Singapore 21 December 2018 •• Dispute resolution Slovenia 22 March 2018 Monaco 10 January 2019 The date of entry into effect for a specific CTA Serbia 5 June 2018 Ireland 29 January 2019 will depend on a number of factors, such as Sweden 22 June 2018 Guernsey 12 February 2019 the date the MLI was ratified by both treaty New Zealand 27 June 2018 Finland 25 February 2019 partners, the relevant options/articles chosen, UK 29 June 2018 Curacao 29 March 2019 and the taxable period applicable for each treaty partner. Lithuania 11 September 2018 Georgia 29 March 2019
Israel 13 September 2018 Netherlands 29 March 2019 Therefore, actual entry into effect dates should Slovakia 20 September 2018 Luxembourg 9 April 2019 be checked for each CTA. Australia 26 September 2018 UAE 29 May 2019
17 OECD Multilateral Instrument status tracker | Contacts
Contacts
Aart Nolten Lisa Scott Global BEPS Leader Global International Tax Leader [email protected] [email protected]
Tom Driscoll John Henshall North America BEPS Leader Transfer Pricing Expert, [email protected] Deloitte Representative to the OECD [email protected]
Eduardo Barron Alison Lobb Latin America BEPS Leader Transfer Pricing Expert, [email protected] Deloitte Representative to the OECD [email protected]
Claudio Cimetta Kate Ramm Asia Pacific BEPS Leader Deloitte OECD Expert [email protected] [email protected]
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