Tax treaties

OECD releases a BEPS consultation document on the treaty entitlement of non-CIV funds


24/03/2016 - Responses are invited to the questions included in a consultation document on issues and suggestions on the tax treaty entitlement of non-CIV (Collective Investment Vehicle) funds.


Paragraph 14 of the final version of the Report on Action 6 of the BEPS Action Plan (Preventing the Granting of Treaty Benefits in Inappropriate Circumstances) indicates that the OECD will continue to examine issues related to the treaty entitlement of non-CIV funds in order to ensure that the new treaty provisions included in the BEPS Action 6 Report address adequately the treaty entitlement of these funds.


This consultation document has been produced as part of the follow-up work on this issue. It includes a number of specific questions related to concerns, identified in comments received on previous discussion drafts related to the BEPS Action 6 Report, as to how the new provisions included in the BEPS Action 6 Report could affect the treaty entitlement of non-CIV funds as well as to possible ways of addressing these concerns that were suggested in these comments or subsequently.


Commentators are invited to respond to the specific questions included in this consultation document in order to facilitate the analysis of these concerns and suggestions. Commentators may also offer additional suggestions. Since a number of questions are likely to be relevant only for commentators who supported specific approaches, it is expected that most commentators will only address some of the questions. The consultation document and the responses received will be discussed at the May 2016 meeting of Working Party 1 of the OECD Committee on Fiscal Affairs.


Responses should be sent by 22 April 2016 at the latest by email to in Word format (in order to facilitate their distribution to government officials). They should be addressed to the Tax Treaties, Transfer Pricing and Financial Transactions Division, OECD/CTPA.


Please note that all responses to this consultation document will be made publicly available. Responses submitted in the name of a collective “grouping” or “coalition”, or by any person submitting responses on behalf of another person or group of persons, should identify all enterprises or individuals who are members of that collective group, or the person(s) on whose behalf the commentator(s) are acting.


The proposals included in this consultation document were previously put forward by commentators and do not, therefore, represent proposals by the CFA or its subsidiary bodies. They are merely included in this document in order to obtain further information that will be used for the purpose of analysing these proposals.


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