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The Multilateral Legal Instrument: A developing country perspective

Author

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  • Tandon, Suranjali

    (National Institute of Public Finance and Policy)

Abstract

Action point 15 of the BEPS program mandated developing a Multilateral Legal In-strument (MLI) to modify bilateral tax treaties. A country signing this instrument will be able to modify all treaties, where other contracting parties have also notified the same. This would allow countries to simultaneously and therefore swiftly adopt measures to tackle BEPS in a large number of treaties. Based on the country positions submitted to the OECD as on 30th August 2017, this paper makes an attempt to assess whether this instru-ment has succeeded in bringing about the desired changes. A unique database is con-structed on the basis of these country positions. Using this database, the paper shows that the benefit of the MLI may be limited in so far as the application of the optional articles is concerned. In so far as developing countries are concerned, it is found that the gains to these countries may be limited. The adoption of the minimum standards may be the lim-ited success achieved by the instrument.

Suggested Citation

  • Tandon, Suranjali, 2018. "The Multilateral Legal Instrument: A developing country perspective," Working Papers 18/220, National Institute of Public Finance and Policy.
    • Handle: RePEc:npf:wpaper:18/220
    Note: Working Paper 220, 2018
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    File URL: http://www.nipfp.org.in/media/medialibrary/2018/03/WP_2018_220.pdf
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    Cited by:

    1. Radhika Pandey & Ila Patnaik & Ajay Shah, 2019. "Business Cycle Measurement in India," Societies and Political Orders in Transition, in: Sergey Smirnov & Ataman Ozyildirim & Paulo Picchetti (ed.), Business Cycles in BRICS, pages 121-152, Springer.

    More about this item

    Keywords

    BEPS ; tax treaties ; Multilateral Legal Instrument ; Foreign investment;
    All these keywords.

    JEL classification:

    • H25 - Public Economics - - Taxation, Subsidies, and Revenue - - - Business Taxes and Subsidies
    • H26 - Public Economics - - Taxation, Subsidies, and Revenue - - - Tax Evasion and Avoidance
    • K34 - Law and Economics - - Other Substantive Areas of Law - - - Tax Law

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