Примеры использования Model conventions на Английском языке и их переводы на Русский язык
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Differences between the Model Conventions in respect of article 12.
Extrinsic material, such as the commentaries to the United Nations and OECD Model Conventions.
Most of these treaties are based on two model conventions, one prepared by the United Nations and the other by the OECD.
The two aspects are distinct, although a State could, of course,take the same position in relation to both model conventions.
The success of the United Nations and OECD Model Conventions has been astounding.
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The United Nations and OECD Model Conventions and commentaries thereon have no counterparts in the context of domestic tax legislation.
In treaty casesfrom virtually all countries, the courts usually give the Model Conventions and Commentaries substantial weight.
The following describes briefly the structure and major provisions of a typical bilateral tax treaty which is based on the United Nations or OECD Model Conventions.
As noted in paragraph 35 of its introduction, like all model conventions, the United Nations Model Convention is not enforceable.
There are two influential model tax conventions-- the United Nations and OECD Model Conventions.
In contrast, the commentaries on the United Nations or OECD Model Conventions are much easier to change than the Model Conventions themselves.
Mr. Zhu addressed the difficulties encountered in trying to define"services" and noted that neither of the Model Conventions provided a definition.
Several provisions of the model conventions of both the Organization for Economic Cooperation and Development(OECD) and the United Nations deal with various types of services.
The United Nations Committee of Experts andOECD do not intend the Model Conventions and commentaries to have such a limited role.
Part 3 is inserted as new paragraph 7 of the proposed draft so as toretain that part and still synchronize paragraphs 1 to 5 in the United Nations and OECD Model Conventions.
Although the United Nations and OECD Model Conventions and Commentaries are important sources for the interpretation of tax treaties, they are clearly not binding.
During the first round of negotiations, the negotiating teams will agree on a particular text-- usually the United Nations or OECD Model Conventions-- to use as the basis for the negotiations.
Keep under review United Nations manuals and model conventions on international tax issues and shall cooperate with other international and regional organizations on new and emerging international tax cooperation-related issues;
In general, these agreements require the low-tax or no-tax countries to exchange information on the same basis as provided inarticle 26(Exchange of information) of the United Nations and OECD Model Conventions.
The Group of Experts proceeded to discuss major changes that had been effected in other model conventions and other matters that should be considered in upgrading the United Nations Model Convention. .
The United Nations Model Convention represents a compromise between the source principle2 and the residence principle,3 although it gives more weight to the source principle than do other model conventions.
Like all model conventions, the United Nations Model Convention is intended primarily to point the way towards feasible approaches to the resolution of the issues involved that both potential contracting parties are likely to find acceptable.
That change was considered useful in making explicit in the text ofarticle 26 a point that was already clear in the commentary, while still reflecting a common standard on exchange of information under the United Nations and OECD Model Conventions.
Article 3(2)(General definitions) of the United Nations and OECD Model Conventions provides that any undefined terms used in a treaty should be given the meaning that they have under the domestic law of the country applying the treaty unless the context requires otherwise.
One source of difficulty is that countries can bring their existing tax treaty networks into line with a revision to the United Nations or OECD Model Conventions only by renegotiating virtually all of their existing treaties.
It is difficult, however, to justify including the United Nations or OECD Model Conventions and commentaries as part of the context of a treaty under article 31 of the Vienna Convention, especially if the treaty being interpreted was entered into before the particular aspect of the relevant Commentary was revised.
The United Nations also suggested organizing a joint meeting to hold an open and practical discussion, for the benefit of developing countries,of the differences and complementarities between the United Nations and the OECD Model Conventions in order to assist those countries in making the most informed choices when negotiating and implementing their treaties.
Another important and controversial issue of interpretation inconnection with article 3(2) of the United Nations and OECD Model Conventions is whether the meaning of a term is that existing under domestic law at the time the treaty was entered into(the static approach) or under the domestic law as amended from time to time the ambulatory approach.
The Group of Experts, while considering the revision and update of the United Nations Model Convention, took into account the significant changes in the international economic, fiscal and financial environment which have taken place in the last two decades,as well as the modifications introduced in the model conventions of other parallel multilateral and intergovernmental organizations.
Mr. Arnold then briefly introduced the paper, which addressed the legal nature and legal effects of tax treaties; the types of treaties dealing with tax matters; the process for negotiating tax treaties;the history of and differences between the United Nations and OECD Model Conventions; the content of a typical bilateral tax treaty; interaction between tax treaty articles; the relationship between tax treaties and domestic law; the objectives/purposes of tax treaties; and interpretation of tax treaties.