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Australia Enacts Law for Ratification of BEPS MLI — Orbitax Tax News & Alerts

Australia has published the Treasury Laws Amendment (OECD Multilateral Instrument) Act 2018, which received royal assent (was enacted) on 24 August 2018. The law provides for the ratification of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS (MLI), which Australia signed on 7 June 2017. Australia must now deposit its ratification instrument to bring the MLI into force for its covered agreements (tax treaties).

The MLI will generally enter into force for a particular covered agreement on the first day of the month following a three-month period after both parties to the covered agreement have deposited their ratification instrument. Once in force, the provisions of the MLI will generally apply for a covered agreement from 1 January of the year following its entry into force in respect of withholding taxes, and for all other taxes with respect to taxable periods beginning on or after the expiration of a 6-month period following the date of entry into force.

Click the following link for Australia's provisional list of reservations and notifications at the time of signature. The definitive list will be provided when the ratification instrument is deposited.