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If the payment is made to a resident of the other State, the source State concepts of beneficial ownership should then be applied to determine if that person beneficially owns that payment, or if that person is acting as an agent for another person. (...) The source State would then apply its beneficial ownership concepts to the person to whom the income is allocated under residence State principles to determine if that person is the beneficial owner of the payment. (...) Once the person who derives the item of income is determined to be a resident of a particular tax jurisdiction, the United States would apply its beneficial ownership principles to determine if that person beneficially owned that item of income.
Language:English
Score: 1659915.2 - https://www.un.org/esa/ffd/wp-...0/6STM_BeneficialOwnership.pdf
Data Source: un
In the Dutch case of Royal Dutch Shell (1994)9 the Court took a legalistic approach to determining beneficial ownership and considered whether there was an absolute right to the income, concluding that recipient was not the beneficial owner of income if it was required to pass the largest part of its income to a third party. This is not exhaustive and there are many other cases that could be discussed here to illustrate the different approaches courts have applied to determining beneficial ownership. 11. Despite the OECD’s 2014 work aimed at clarifying its interpretation, the concept of beneficial ownership can still present difficulties. (...) For this reason, it could be a good time for the Committee to make the concept of beneficial ownership clearer in scope.
Language:English
Score: 1472579.9 - https://www.un.org/esa/ffd/wp-...ation_Beneficial-Ownership.pdf
Data Source: un
In the context of this paper, the important point is that the residence country also has to determine whether a taxpayer is entitled to treaty benefits and this determination involves the same elements as the determination made by the source country. (...) It is therefore important for the tax authority to be aware of the general principles and policy issues underlying entitlement to treaty benefits in order to be able to make these decisions. This paper starts by explaining the three basic steps that have to be taken in determining whether or not treaty benefits are available. (...) This residual sweeping-up category demands some consideration of the common element among the specific factors listed so that one is able to determine whether or not another factor is “similar”.
Language:English
Score: 1428573 - https://www.un.org/esa/ffd/wp-...5/20130530_Paper2A_Wheeler.pdf
Data Source: un
It makes plain that the State of source is not obliged to give Comment The Committee is asked to consider the adoption of the 2014 OECD clarification language on beneficial ownership. (...) To support the adoption of the revised OECD text, a UN Model headnote has been drafted for inclusion before the relevant quoted passages on beneficial ownership. This headnote makes clear that, in accordance with Article 3(2), the concept of beneficial ownership is to be given a contextual meaning and is not intended to be interpreted with reference to domestic law. (...) The provisions of Article 29 and the principles put forward in the section on “Improper use of the Convention” in the Commentary on Article 1 will apply to prevent abuses, including treaty shopping situations where the recipient is the beneficial owner of the dividends. Whilst the concept of “beneficial owner” deals with some forms of tax avoidance (i.e. those involving the interposition of a recipient who is obliged to pass on the dividend to someone else), it does not deal with other cases of abuses, such as certain forms of treaty shopping, that are addressed by these provisions and principles and must not, therefore, be considered as restricting in any way the application of other approaches to addressing such cases. 12.6 The above explanations concerning the meaning of “beneficial owner” make it clear that the meaning given to this term in the context of the Article must be distinguished from the different meaning that has been given to that term in the context of other instruments1 that concern the determination of the persons (typically the individuals) that exercise ultimate control over entities or assets.
Language:English
Score: 1409111 - https://www.un.org/esa/ffd/wp-...ntion_beneficial-ownership.pdf
Data Source: un
This is particularly important for the purposes of determining the object and purpose of the relevant provisions of the Convention. (...) The determination requires reasonableness, suggesting that the possibility of different interpretations of the events must be objectively considered. 15. (...) For the purpose of the alternative provision in paragraph 19 above, the determination that benefits would have been granted in the absence of the transaction or arrangement referred to in paragraph 1 and the determination of the benefits that should be granted are left to the discretion of the competent authority to which the request is made.
Language:English
Score: 1388753.3 - https://www.un.org/esa/ffd/wp-...eps-general-anti-avoidance.pdf
Data Source: un
The Committee will have to consider the issues related to the tax treatment of CIVs, and to determine if these issues need to be addressed in its upcoming work. (...) The different legal forms of CIVs and the various domestic tax systems can make it difficult to determine whether a CIV is a company, or respectively, a person, and a resident, as the legal personality and the liability to tax are relevant for the treatment as a resident for the purpose of applying the UN Model Double Taxation Convention. (...) In fact, Article 29 of both the OECD and the UN Model Double Taxation Convention suggest to determine explicitly the conditions under which a CIV is considered as a “qualified person” and can claim treaty benefits in the case that a “limitation on benefits” provision is used in a treaty.
Language:English
Score: 1375058.6 - https://www.un.org/esa/ffd/wp-...e-Investment-Vehicles-CIVs.pdf
Data Source: un
ICTs have thus had an enormous impact on our life styles and on our work styles, making  our lives more comfortable and convenient while making our work more productive and  efficient.  (...) Nevertheless,  I believe it is the quantitative assessment that we really need in order to determine and  weigh the beneficial effects versus the adverse effects.  If we could acquire such means,  we would be able to determine the beneficial effects of ICTs accurately. 
Language:English
Score: 1373620.6 - https://www.itu.int/dms_pub/it.../06/0F/T060F0060080002PDFE.pdf
Data Source: un
Is ‘provably beneficial’ AI possible? - ITU Hub This website will offer limited functionality in this browser. (...) This is what Russell calls provably beneficial AI, which can help us solve problems and “make changes in the world for the better,” he said. (...) VISITOR_INFO1_LIVE 5 months 27 days A cookie set by YouTube to measure bandwidth that determines whether the user gets the new or old player interface.
Language:English
Score: 1353854 - https://www.itu.int/hub/2020/0...ovably-beneficial-ai-possible/
Data Source: un
Consideration of the concept of beneficial ownership to make clear who can be entitled to the treaty benefits. 2. (...) Article 15 is used to determine which enterprise the person performs for in such cases where the employment contract might not reflect the actual situation. (...) The intention of the beneficial owner concept was to clarify the use of the words “paid to…a resident” in the Model and so the phrase should be read in that context. – Further clarification was made as to who is a beneficial owner of a payment under Articles 10, 11 and 12: o Beneficial owners are those that have the right to use and enjoy the payment unconstrained by contractual or legal obligations to pass the payment on.
Language:English
Score: 1342535.7 - https://www.un.org/esa/ffd/wp-...d-and-Developing-Countries.pdf
Data Source: un
Fragmentation of corporate ownership and mobility of capital leading to treaty shopping OECD proposes replacing Art 4(3); BEPS Action 6 report 6 Beneficial Owner Limits on source state taxation under Arts 10(2), 11(2) & 12(2) only apply where the “beneficial owner” of the income is a resident of the other Contracting State Does not challenge “person” or “resident” so much as is a special income allocation rule for treaty purposes What does “beneficial ownership” mean? • Domestic vs. international meaning; Art 3(2) “context otherwise requires” • Relevance of Commentary in determining meaning Dislocation with other Articles, e.g. taxation of dividends looks to the beneficial owner but taxation of gains on the shares does not Peter Harris 11 Peter Harris 12 Beneficial Owner Commentary on Art 10 para 13 citing (old) OECD Com on Art 10 para 12... (...) In the case of dividends, interest and royalties, who is the beneficial owner? Can Art 24(4) & (5) protect a hybrid from targeted anti- abuse rules?
Language:English
Score: 1337832.4 - https://www.un.org/esa/ffd/wp-...1100_TreatyBenefits_Harris.pdf
Data Source: un