Does the OECD’s Peer Review Process Ensure Certainty for Tax Treaty Dispute Resolution Mechanisms?

More than five years have passed since the implementation of the Base Erosion and Profit Shifting (BEPS) package through the Inclusive Framework. Tax certainty remains higher than ever on the global agenda of the Organisation for Economic Cooperation and Development (OECD). The number of members of the Inclusive Framework rose to 141 in November 2021. This is a good time to consider whether the OECD’s peer review process in relation to treaty dispute resolution mechanisms has been effective in enhancing tax certainty. By April 2022, all Stage 1 peer reviews (that is 82 Stage 1 peer reviews) and 69 Stage 2 peer reviews have been finalised.