Transfer pricing

OECD Model Tax Convention: revised discussion draft on the meaning of “beneficial owner”


19/10/2012 - The OECD Committee on Fiscal Affairs (CFA) invites public comments on revised proposals concerning the meaning of “beneficial owner” in Articles 10, 11 and 12 of the OECD Model Tax Convention.

On 29 April 2011, the OECD released a public discussion draft entitled Clarification of the meaning of “beneficial owner” in the OECD Model Tax Convention.

In light of the comments received on that first discussion draft, the OECD Committee on Fiscal Affairs, through its Working Party 1 on Tax Conventions and Related Questions, made a number of changes to the proposals released in April 2011.

This revised discussion draft includes the revised proposals that the Working Party has drafted. Since the changes originally proposed were almost identical for Articles 10, 11 and 12, this revised discussion draft focuses on the proposals made with respect to Article 10. This draft includes a summary of the comments received and an explanation of the changes made with respect to each relevant paragraph of the Commentary on that Article (as well as a new proposal for a clarifying change to the wording of paragraph 2 of Articles 10 and 11 that addresses a triangular case that was raised in some of the comments received). The Annex includes a consolidated version of the revised proposals for Articles 10, 11 and 12 where changes made to the proposals included in the first discussion draft are underlined.

The Committee on Fiscal Affairs invites comments on this revised discussion draft before 15 December 2012. These additional comments, which should focus on drafting issues rather than on the substance of the proposals (on which comments have already been received), will be reviewed at the February 2013 meeting of Working Party 1.


Comments on this revised discussion draft should be sent electronically (in Word format) by email to and should be addressed to:

Tax Treaties, Transfer Pricing and Financial Transactions Division



Unless otherwise requested at the time of submission, comments submitted in response to this invitation will be posted on the OECD website.

This revised discussion draft is released for the purpose of inviting comments from interested parties. It does not necessarily reflect the final views of the OECD and its member countries.


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