ODCE model tax tready - Essay Example

In this regard, GoodFood Inc. has been identified to be conducting operations in different States owing to which the company is taxable under the OECD model2. The term Permanent Establishment (PE) in Article 5 is used for tax treaty purposes. PE is a concept of tax that indicates the business level in the Source State. It also involves in various other treaty provisions. Alternative provision found in paragraph 42.43 of Article 5 of the OECD model implies that foreign enterprises should be present more than 183 days, but it is not necessary to have a specific place of business.

The alternative provision does not require specific time, but it is necessary to fix the place of business. In this respect, according to the provision, GoodFood Inc. is not taxable, as the date of business commencement is not mentioned3;4. The UN model is used as a tool in international tax treaty negotiations in developing and developed countries for managing tax issues. The role of this model is to allocate taxing right between the residence jurisdictions and source jurisdictions. This model allows larger source taxation.

It is also referred to as ‘double taxation convention’. The OECD model allows more exchange of information and this mode involves in the every kind of taxes and description while the UN model only involves taxes in the model. However, the provision of exchange information is similar to both models. Thus, based on the UN model, GoodFood Inc. is taxable5;6. The services PE provision in Article 5 of OECD model is used for tax treaty purposes. The services PE provision requires foreign enterprises to be operating more than 183 days in a twelve month, but not necessary to have a fixed place of business.

The main commitments of PE provision are to provide a taxation right to the Source State. This provision is essential for several articles, but is important for article 7, which is included in industry profits. In this respect, it can be stated that