An Opportunistic, and Yet Appropriate, Revision of the Source Threshold for the Twenty-First Century Tax Treaties

Abstract

The present paper aims to delve into one of the most thrilling debates set out by the BEPS Project (specifically Action 1): the reconsideration of the permanent establishment threshold.

Without disregarding the fiscal interests that have undeniably boosted the reopening of the discussion, we prefer to question the appropriateness of the PE from a different perspective. Firstly, we will analyse the theoretical principles that originally served to justify the PE threshold. Subsequently, we will demonstrate the obsolescence of the term -as it currently stands- as a result of the challenges posed by the so-called digital economy and in light of the aforementioned principles. Some proposals for the way forward will be briefly outlined.

Keywords: international tax, tax treaties, tax policy, BEPS, permanent establishment, PE, e-commerce