Hybrid Entity Mismatches and the MLI: A Tax Policy Assessment

Abstract

This article argues that despite its apparent success as a political instrument to achieve global coordination, and particularly referred to hybrid entity mismatches, the MLI has failed. Most notably, the MLI has been incapable of keeping cohesion with the main object and purpose of tax treaties, also reinforcing an unequal distribution of taxing powers between residence and source states. In light of the above, this article explores some prospective alternatives that could not only help with restoring cohesion and equality within tax treaties but also add certainty and simplicity to the interpretation of the MLI and the issues related to hybrid entity mismatches.

Keywords: hybrid mismatches; BEPS; UK anti-hybrid; double deduction; deduction/non-inclusion; MLI; tax treaties

JEL Classification: K34