BEPS ACTION 2 NEUTRALISE THE EFFECTS OF HYBRID MISMATCH英文资料.pdfVIP

Public Discussion Draft BEPS ACTION 2: NEUTRALISE THE EFFECTS OF HYBRID MISMATCH ARRANGEMENTS (Treaty Issues) 19 March 2014 – 2 May 2014 Comments on this note should be sent electronically (in Word format) by email to taxtreaties@oecd.org before 5.00pm on 2 May 2014 at the latest. It is the policy of the OECD to publish all responses (including the names of the responders) on the OECD website. This document does not necessarily reflect consensus views of either the Committee of Fiscal Affairs or of WP1 regarding the issues it addresses. Rather it reflects preliminary consideration of the issues since the publication of the Action Plan and seeks to identify issues for public comment. It is considered that stakeholder comments are essential to advancing this work. 2 TABLE OF CONTENTS Introduction4 1. Ensuring that dual resident entities are not used to obtain the benefits of treaties unduly 5 2. Ensuring that transparent entities are not used to obtain the benefits of treaties unduly 6 3. Interaction between the recommendations included in the WP11 Discussion Draft and the provisions of tax treaties 10 3 TREATY ISSUES RELATED TO THE WORK ON ACTION 2 (NEUTRALISE THE EFFECTS OF HYBRID MISMATCH ARRANGEMENTS) Introduction 1. Action 2 of the BEPS Action Plan (Neutralise the effects of hybrid mismatch arrangements) reads as follows: The BEPS report calls for the development of “instruments to put an end to or neutralise the effects of hybrid mismatch arrangements and arbitrage”. Hybrid mismatch arrangements can be used to achieve unintended double non-taxation or long-term tax deferral by, for instance, creating two deductions for