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Clifford Chance

Clifford Chance

Briefings

BEPS Action 7 – what do the OECD's new permanent establishment proposals mean for business?

18 May 2015

For almost a hundred years, OECD member countries have accepted that a non-resident's business will only become subject to tax in certain narrow circumstances. This has been widely criticised in recent years by the media and politicians – and it may now be changing.

In a revised discussion draft published on Friday, as part of its "BEPS" Project, the OECD are proposing that mere negotiation should create a taxable permanent establishment. This has wide implications for cross-border trade and business.

We look at the practical impact of the proposals on key industries and sectors and ask what steps businesses should be taking to anticipate these changes.

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