2025 updates to the OECD Model Tax Convention on Income and on Capital

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement


2025 updates to the OECD Model Tax Convention on Income and on Capital

Sponsored by

22KPMGArmenia.png

The Organisation for Economic Co-operation and Development (OECD) released the 2025 update to the OECD Model Tax Convention on Income and on Capital, providing new guidance on short-term cross-border remote work, taxation of income from natural resource extraction and intragroup financing.

The Organisation for Economic Co-operation and Development (OECD) released the 2025 update to the OECD Model Tax Convention on Income and on Capital, providing new guidance on short-term cross-border remote work, taxation of income from natural resource extraction and intragroup financing.

The changes, which aim to enhance tax certainty and support fair and efficient cross-border business taxation among others, include:

  • Cross-border remote work: New detailed guidance on when an individual’s home or other relevant place in another State may constitute a fixed place of business:

    o    Introduces a 50% working time threshold and requirement of a commercial reason for presence in the other State.

    o    Clarifies that purely cost saving arrangements or intermittent/incidental work do not create a PE, and that the place must be used on a continuous basis.

  • Natural resources: A new alternative tax treaty provision to ensure that income from activities connected with natural resources extraction is taxed where it occurs, reinforcing source-country rights and supporting resource-endowed developing economies

    o    Allows treaty partners to agree a shorter time threshold (e.g., 30, 90 or 183 days) for deeming a PE for such activities, instead of the standard 6–12 month thresholds.

  • For intra group financing, the OECD clarified: first determine whether the transaction is a loan or an equity contribution, and only then apply the arm’s length principle. Corresponding adjustments between countries are possible only if the other State agrees that the primary adjustment is justified and consistent with the arm’s length principle.

  • Other improvements: Additional refinements to enhance consistency in treaty interpretation, strengthen tax certainty, and align Commentaries with modern business practices and BEPS recommendations.

more across site & shared bottom lb ros

More from across our site

The arrival of Alex Anderson swiftly follows that of funds tax specialist Stuart Alter and suggests the Tier 3-ranked firm has higher ambitions
One of the two appointments is EY’s Gordon McIntosh, who becomes the big four firm’s second senior tax departure in September
Balson's move from a Tier 1 practice to a Tier 3 competitor looks counterintuitive. The market data suggests it is anything but
Awards
It was another banner year for Deloitte, which picked up more awards than any other firm at a gala ceremony held at The Londoner in Leicester Square
The big four firm has been embroiled in a scandal over partners’ misuse of confidential board papers to pitch for and win corporate audits for Westpac and Dexus
Drawing on lessons from the PepsiCo case, tax lawyer Paul McNab explains why the ATO's latest royalty guidance should concern multinationals well beyond the technology sector
As pillar two exposes the limits of fragmented tax processes, organisations are rethinking their operating models to create the trusted data foundations that AI demands
World Tax data shows Matt Donnelly is moving from a Tier 3 transactional tax practice to a Tier 1 market leader, underlining Kirkland & Ellis’s pull at the top end of the market
Nexdigm's Maulik Doshi and infer360 co-founder Sunil Agarwal dig deeper into their partnership and discuss why the tax technology industry is consolidating
Advisers won’t be short of work in a world of increased valuation disputes, documentation requirements and behavioural responses from clients seeking to protect their wealth
Gift this article