Protocol to Tax Treaty between Germany and Mauritius has Entered into Force
The amending protocol to the 2011 income tax treaty between Germany and Mauritius has entered into force. The formal protocol was initially signed on the 29th of October 2021. This is the first amendment to the treaty and includes the following changes:
Key Amendments:-
- The preamble has been updated to reflect OECD BEPS standards;
- Article 25 (Mutual Agreement Procedure) has been amended with the addition of new provisions for arbitration where a case has not been resolved within three years from the date when all the information required by the competent authorities in order to address the case has been provided to both competent authorities; and
- The final protocol originally signed with the treaty is amended with the addition of a new paragraph detailing the types of cases that are not eligible for arbitration, including cases where anti-abuse rules have been applied, cases where a taxpayer, a person acting on their behalf, or a related person has been found guilty by a court of a tax offence under the laws of the Contracting States, and others.
The protocol applies in Germany as from 1 January 2023 and in Mauritius as from 1 July 2023.
The full article can be accessed here.