The Attribution of Profits to Permanent Establishments within the Framework of the European Arbitration Convention: The Interpretation of Article 4(2) of the AC

Abstract:

At the Joint Transfer Pricing Forum meeting of 12 March 2015, the issue of improving the functioning of the European Arbitration Convention on Transfer Pricing was the main item of discussion. In particular, the Joint Transfer Pricing Forum (JTPF) members reached an agreement on the finalized text of the revised Code of Conduct, which is due to replace the previous 2009 version. One of the most innovative and complex provisions introduced by this latest version of the Code of Conduct is included in the new point 6(b) concerning the interpretation of Article 4(2) of the Arbitration Convention on the attribution of profits to permanent establishments. The drafting of this provision spurred a wide debate within the JTPF, which is worth to look at in its essential features, since it involved the main issues on the functioning of the Arbitration Convention, starting from its purpose, its legal nature, its raison d’etre, up to the complex issue of its interpretation and relationship with Double Taxation Conventions (DTCs).