In this article we will discuss about the limitations of double tax treaties. (i) The other Contracting State does not exercise its allocated rights to tax under a treaty, or (ii) A tax treaty gives the State the right to tax, but no tax is due under its domestic law. Only the domestic tax law in each country has the [...]
Treaty violations could be either the result of a treaty breach or a fundamental change of circumstances. A treaty breach could arise when the State legislates in breach of a treaty provision, and applies its law to actual tax situations. Such legislation will be treated as an override only if the treaty partner disapproves of it unequivocally. It then violates [...]
In this article we will discuss about the Vienna Convention on the Law of Treaties (VCLT). (i) Background: The rules under the Vienna Convention on the Law of Treaties (VCLT) apply to all international treaties, including tax treaties. The Vienna Convention on the Law of Treaties (VCLT) was adopted on May 22, 1969 and entered into force on January 27, [...]