The Level of Consistency of the Italian Tax Treaty Network with the OECD And the Un Model Conventions

Abstract

This work aims at providing a comprehensive overview on the degree of consistency of the Conventions to avoid double taxation concluded by Italy (the “Treaties”) with the OECD Income and Capital Model Convention and the UN Income and Capital Model Convention (respectively the “OECD Model” and the “UN Model”, jointly referred to as the “Models”). The analysis of the points of convergence and divergence from the Models will be highlighted in the paper which will adhere to the numerical listing of the different Articles of the Treaties. Therefore, in respect to each clause, the paper will indicate convergence or divergence, with the result that such a schematic structure should clarify which of clauses included in the OECD and the UN Model can be considered as “standard clauses” of the Treaties. The term “standard clause” will be used here in Italic when it can be inferred that a clause of the Models has been adopted by Italy in the vast majority of its Treatiess, thereby constituting a kind of deliberate policy choice. Additionally, please note that, for the sake of clarity and completeness, this paper is mainly focused on the Treaties entered into with the so called EU-15 Member States. However, reference is often made also to the Treaties entered into with Australia, Brasil, China, Japan, Russia and the United States.