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Article 26 of the OECD Model Tax Convention Update 2024 - Academy of Tax Law

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Article 26 of the OECD Model Tax Convention Update 2024

Table of Contents

by Prof Dr Daniel N Erasmus

DOWNLOAD THE OECD Model Tax Convention Update 2024

The recent approval by the OECD Council of the OECD Model Tax Convention Update 2024 marks a pivotal moment for international tax practitioners and multinational organizations. This update, particularly concerning Article 26, delves into the nuanced realm of information exchange and confidentiality among tax administrations worldwide. Understanding these updates is crucial for navigating the complex interplay of global tax compliance and information sharing.

The Importance of the Update

The modifications to Article 26 underscore the evolving landscape of international tax cooperation. In an era where digitalization accelerates cross-border transactions, the need for robust frameworks that support efficient and secure information exchanges has never been more critical. These updates reflect a collective effort to enhance tax compliance while safeguarding taxpayer information against misuse.

Key Changes and Their Implications

The update introduces refined guidelines on how tax administrations should manage the confidentiality of information exchanged under the Convention. It delineates the circumstances under which information can be disclosed, ensuring that taxpayer data is protected while facilitating necessary disclosures for tax compliance and enforcement purposes. This balance between transparency and privacy is vital for maintaining trust in international tax systems.

The Role of Confidentiality

Confidentiality is the linchpin in the exchange of information framework. The updated commentary on Article 26 clarifies the scope and limits of confidentiality, addressing the complexities that arise in the digital age. By establishing clear rules on information handling, the update fosters a secure environment for international cooperation, which is crucial for detecting and preventing tax evasion and avoidance.

Why This Update Matters

For international tax practitioners and multinational organizations, the OECD Model Tax Convention Update 2024 is not just a regulatory update; it’s a roadmap for navigating the intricacies of global tax compliance. It signals a move towards more transparent, efficient, and secure tax systems, aligning with broader efforts to combat tax evasion and enhance fairness in taxation worldwide.

How Prof Dr Daniel N Erasmus and His Team Can Assist

At www.taxriskmanagement.com, Prof Dr Daniel N Erasmus and his expert team offer unparalleled support in navigating the complexities introduced by the OECD Model Tax Convention Update 2024. With a deep understanding of international tax laws and regulations, they provide strategic advice, compliance assistance, and litigation support to ensure that organizations and tax practitioners understand the implications of these updates and implement best practices for effective tax risk management. Their expertise is instrumental in leveraging the nuances of Article 26, ensuring that clients achieve optimal compliance while safeguarding their interests in international taxation.

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Dimension Transfer Pricing International Taxation South African Tax Law
Jurisdictional audience Global audience, covers all jurisdictions Global audience, covers all jurisdictions South Africa specific, relevant to SADC region
Ideal for TP managers, advisors, in-house tax teams, analysts moving into TP Advisors and managers dealing with cross-border rules, treaties, planning Practitioners working with the SA Income Tax Act, cases, compliance
Core focus Methods, comparables, DEMPE, documentation, audits, dispute defence Treaties, source vs residence, anti-avoidance, PE, relief from double tax Statutory interpretation, case law, assessments, objections, local practice
Primary tools OECD TP Guidelines, UN Manual, BEPS Actions 8–10, 13, case law OECD and UN Models, MLI, BEPS 1.0 and 2.0, domestic rules, cases Income Tax Act, SARS practice notes, Tax Administration Act, SA cases
Assessment style Case-based assignments, file reviews, short written defences Problem questions, treaty interpretation, position papers Problem questions, statutory analysis, case commentary
Typical outcomes Build defensible TP files and strategies, improve audit readiness Design cross-border structures within rules, mitigate double tax Apply SA tax law accurately, manage reviews and disputes
Entry point Start with PG Certificate, progress to PG Diploma, then MSc, or enter later with suitable experience or credits.

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PG Certificate Foundation to intermediate upskilling Core concepts, frameworks, and applied techniques Short case write ups, timed responses, applied tasks
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Practical, practitioner-led certificates designed for immediate on-the-job application. Each course can stand alone or act as a pathway into our postgraduate tracks.

Dimension Conducting a Transfer Pricing Trial Effectively Managing Tax Teams Indirect Taxation Tax Risk Management
Jurisdictional audience Global audience Global audience Global audience, with local adaptation Global audience
Ideal for In-house tax, TP managers, litigators, advisors preparing for audits, ADR, trial Heads of tax, managers, team leads, controllers, emerging leaders VAT, GST, customs, finance managers, AP, AR, compliance specialists Tax managers, risk officers, controllers, advisors building governance
Core focus Case theory, evidence files, expert reports, witness prep, courtroom strategy Operating models, KPIs, workflows, stakeholder management, coaching VAT design, place of supply, input credits, exemptions, WHT interactions Risk identification, controls, documentation, audit readiness, dispute playbooks
Delivery mode Online, live sessions plus guided self-study Online, live sessions plus guided self-study Online, live sessions plus guided self-study Online, live sessions plus guided self-study
Duration 16 weeks, part-time 16 weeks, part-time 16 weeks, part-time 16 weeks, part-time
Outcomes Confident litigation preparation and defence for TP disputes Stronger execution, clear roles, measurable team performance Reduced VAT errors, better cash flow, fewer surprises at audit Structured governance, fewer findings, faster dispute resolution
Prerequisites TP fundamentals recommended Supervisory experience helpful Basic VAT knowledge helpful General tax experience helpful
Pathway Progress to PG Certificate in Transfer Pricing Progress to Mechanics of Leading Tax Teams, PG Certificate (leadership) Progress to PG programmes, International Tax or SA Tax Law Progress to PG Certificate in International Taxation or Transfer Pricing
Assessment End of module progress assessment

5000-word assignment if PG-Cert option elected
End of module progress assessment

5000-word assignment if PG-Cert option elected
End of module progress assessment

5000-word assignment if PG-Cert option elected
End of module progress assessment

5000-word assignment if PG-Cert option elected