Mandatory Arbitration within Tax Treaties: A Need for a Coherent International Standard

31 Pages Posted: 13 Feb 2012  

Michelle Bertolini

University of Hartford

Pamela Q. Weaver

affiliation not provided to SSRN

Date Written: February 2012

Abstract

As businesses expand operations globally, the threat of double taxation on income earned becomes a significant concern. The current Mutual Agreement Procedures (MAP) within the tax treaties frequently fail to provide equitable relief, exposing taxpayers to uncertain outcomes. The uncertainty causes compliance considerations under FAS 109, Accounting for Income Taxes and FIN 48, Accounting for Uncertainty in Income Taxes. In July 2008, the OECD Model Tax Convention began including a mandatory arbitration provision for taxpayers failing to reach agreement under MAP. The U.S. Model, while beginning to shift towards including non-binding arbitration in some of the later treaties, still relies on the voluntary MAP proceedings for resolution of disagreements. Data provided by the U.S. Treasury indicated that a wide range of taxpayer income covered by the U.S. treaties failed to receive partial or full relief from double taxation. The movement towards international accounting standards under IFRS provides the impetus to develop a universal procedure for avoiding double taxation. The U.S. should consider adopting the OECD Model Tax Convention for all tax treaties to remove the uncertainty of double taxation and promote international trade.

Keywords: Tax Treaties, Arbitration, Double Taxation, OECD

Suggested Citation

Bertolini, Michelle and Weaver, Pamela Q., Mandatory Arbitration within Tax Treaties: A Need for a Coherent International Standard (February 2012). 2012 American Taxation Association Midyear Meeting: JLTR Conference. Available at SSRN: https://ssrn.com/abstract=2003897 or http://dx.doi.org/10.2139/ssrn.2003897

Michelle Bertolini (Contact Author)

University of Hartford ( email )

West Hartford, CT 06117-1599
United States

Pamela Q. Weaver

affiliation not provided to SSRN

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