Profit Attribution to Dependent Agent Permanent Establishments in a Post-BEPS Era

• Autores: Raffaele Petruzzi, Raphael Holzinger
• Localización: World Tax Journal: WTJ, ISSN-e 1878-4917, Vol. 9, Nº. 2, 2017, págs. 263-300
• Idioma: inglés
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• Resumen

  • The overall topic of profit attribution to dependent agent permanent establishments is a highly complex issue. Various aspects are controversially discussed in literature. From a general perspective, article 7 and article 9 of the OECD Model are both fundamentally based on the arm�s length principle, which was initially established in the early 1930s in order to properly account for profit attributions within MNEs. Since its beginnings, the arm�s length principle(s) under article 7 and article 9 of the OECD Model have evolved over time. In this respect, especially the OECD�s work under the Authorised OECD Approach, BEPS Action 7 as well as under BEPS Actions 8-10 have eventually minimized, or even closed the gap between, the principles of profit attribution under article 7 and article 9 of the OECD Model. This article will analyse the topic of profit attribution to dependent agent permanent establishments, thus dealing with the question as to whether or not different results could/should arise when applying article 7 and article 9 of the OECD Model in a post-BEPS era.