Contemporary Treaty Issues

This article was originally published by The Tax Specialist is reproduced with permission from the publisher.

This is a dynamic time in the evolution of Australia's double tax treaty network following on from the previous government's plans announced on 15 September 2021 to significantly expand the treaty network. Pleasingly, the Albanese Government has strongly supported and further expanded this important treaty initiative.

This article focuses firstly on the overlay of the Multilateral Instrument, particularly the application of the limitation on benefits articles on access to concessional withholding taxes (dividends and royalties) under our covered tax agreements. Secondly, the article deals with special issues including dispute resolution/ arbitration, fiscally transparent entities/collective investment vehicles and the recent Maritime Boundary Treaty with Timor-Leste.