This paper considers the structure of the transfer pricing rules in tax treaties and their modern development in the Transfer Pricing Guidelines. It discusses how tax structuring and restructuring relying on the guidelines occurred to reduce residence and source taxation and commences an...

The case law in Australia on the interpretation of the definition of royalties under tax treaties is not in a very satisfactory state. In particular in a sample of four judgments in recent years the decisions with one exception seem to avoid coming to grips with the OECD Commentary on royalties...

It has been said that the intellectual origins of the global financial crisis (GFC) can be traced back to “blind spots” in traditional financial theory, which obscured complexity and financial innovation in contemporary markets. There has been growing recognition that changes to the modern...

This article provides critical reflections on the 2017 revision of article 4(3) of the OECD Model Convention and its Commentary regarding dual residence of persons other than individuals. These changes and their implementation warrant an assessment of their desirability, including an in-depth...

The RCF case raises a number of issues in relation to the principles in the OECD Partnership Report on the application of tax treaties to hybrid entities. The judgments do not finally settle the status of those principles in Australia but they point more to approval of the principles than...

2008 was a significant year for scholars interested in the history of tax treaties. Apart from the Rust tax treaties history conference, the main event was the release of the OECD archives in September when the OECD celebrated the 50th anniversary of the OECD Model (or more accurately the...