The Impact of COVID-19 Over the Tax Residence Rules for Companies and Individuals: A Latin American Approach

Abstract

The adoption of strict lockdowns and quarantines have been usual and common in the early outbreak of the COVID-19 pandemic and were maintained in some places of the world during 2021. In that sense, the closing of borders had a significant impact for the purposes of asserting tax residence for both individuals and companies considering the rules in Comparative Tax Law. In spite of the fact that the OECD released a couple of reports concerning this matter, the truth is that the lack of uniform regulation and the clear impossibility of applying the OECD’s tax model tiebreaker and distributive rules in all cases triggered a relevant debate over this topic, which includes Latin American countries.

Keywords: Tax Residence, Place of Effective Management, World Income Taxation, Dual Residence, Tiebreaker Rules, Double Taxation Conventions