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ARTICLE · 03 JULY 2018

BEPS MLI Measure in the Australian Parliament

If the bill to enact OECD BEPS Measure 15 is passed, Australia will be one of the first signatories to implement it.

AustraliaTax

A Bill to enact OECD BEPS Measure 15 was introduced into the House on 28 March 2018, with the government's hope that it will pass the Parliament before the end of the financial year on 30 June 2018. If enacted, this will make Australia one of the first signatories to implement Measure 15.

Measure 15, the Multilateral Instrument (MLI – signed by Australia and 67 other countries on 7 June 2017), will obtain the force of law in Australia by amendment to the Tax Agreements Act by Treasury Laws Amendment (OECD Multilateral Instrument) Bill 2018 with earliest likely effect from 1 January 2019.

The MLI will have the effect that where parties to a bilateral double tax agreement (DTA) were both signatories to the MLI, and had both elected to adopt the same amendments to their DTAs under the MLI, the bilateral DTA would not need to be individually renegotiated. This approach has the opportunity of allowing the OECD BEPS recommendations to be implemented on a world-wide

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