Cross-border business and international labor mobility are increasingly common. This inevitably leads to disputes over which jurisdictions have the right to tax certain types of income. Many tax treaties between jurisdictions include a provision for a Mutual Agreement Procedure (“MAP”) to resolve such disputes, separate from the standard legal remedies available under domestic law.
MAP is crucial for the correct application and interpretation of tax treaties. It ensures that taxpayers who are entitled to treaty benefits are not subjected to taxation that is not in line with the treaty’s terms. Despite the widespread inclusion of this provision in tax treaties, more work is needed. It’s important to ensure that access to the MAP is readily available and that MAP cases are resolved and implemented promptly and within a reasonable timeframe.