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Tax and structuring · Knowledge centre · 04 of 10

Treaty access and anti-abuse rules

Having a treaty is not the same as being entitled to use it. Since the BEPS project most treaties carry a principal purpose test through the Multilateral Instrument (MLI), and US treaties rely on limitation on benefits rules; both deny benefits to arrangements set up mainly to obtain them. Real substance in the claimed country is what supports a claim.

Source-checked research88% of statements checked against a source99 checked against an official source23 checked against a secondary sourceChecked 2026-10-18Not yet professionally reviewed

Having a treaty is not the same as being entitled to use it. Since the BEPS project most treaties carry a principal purpose test through the Multilateral Instrument (MLI), and US treaties rely on limitation on benefits rules; both deny benefits to arrangements set up mainly to obtain them. Real substance in the claimed country is what supports a claim.

The MLI: how BEPS changed existing treaties

The MLI amends existing bilateral treaties without renegotiating each one. When negotiations concluded the OECD described it as covering more than 2,000 treaties. A change applies to a treaty only if both countries have the MLI in force and have listed that treaty, and only for the provisions both have chosen, so each treaty must be checked individually.

Of the eight markets, the MLI is source-checked as in force for India, the UAE, the UK and Singapore; Saudi Arabia, France and Germany are recorded as in force subject to confirmation, and the US has not signed. Tax authorities publish synthesised texts that show the treaty as modified; India's synthesised text for the UAE treaty, for example, shows the MLI preamble, principal purpose test, mutual agreement and corresponding adjustment articles applying.12345678910

The principal purpose test

The principal purpose test denies a treaty benefit where it is reasonable to conclude that obtaining it was one of the principal purposes of an arrangement, unless granting it would accord with the treaty's object and purpose. 'One of' the principal purposes is a low bar: a structure can have genuine commercial reasons and still fail if treaty access was also a main driver.

For India-UAE, the test replaced the treaty's own limitation of benefits article, with effect in India for withholding on taxable events from 1 April 2020. For the UK-Singapore treaty it applies to withholding from 1 January 2020. HMRC also applies it to contract-splitting under the construction PE rules.1112131415

Limitation on benefits in US treaties

Because the US is not an MLI party, its treaties are not modified by the principal purpose test. US treaties instead generally contain a limitation on benefits article, which grants benefits only to residents that meet objective tests. Those tests differ by treaty and should be read in the specific treaty text.916

Substance expectations

Both the principal purpose test and the residence rules look at substance: where decisions are made, who makes them, and whether the company bears real costs and risks. A holding company with no staff, nominee directors and decisions taken elsewhere is exposed on residence, beneficial ownership and the principal purpose test at the same time.

A tax residency certificate shows that the issuing country treats the company as resident; it does not by itself establish beneficial ownership or satisfy the principal purpose test.17181911

MLI status of the eight markets (as researched on 18 October 2026)23456789
MarketMLI in force for that market fromResearch status
India1 October 2019Source-checked
United Arab Emirates1 September 2019Source-checked
United Kingdom1 October 2018Source-checked
Singapore1 April 2019Source-checked
Saudi Arabia1 May 2020Research draft
France1 January 2019Research draft
Germany1 April 2021Research draft
United StatesNot a signatoryResearch draft

Decisions to make

  • Is the specific treaty modified by the MLI for both countries, and from when?1314Entry into force for a country does not mean every treaty is modified, and withholding dates differ from other taxes.
  • Would the structure exist if the treaty benefit were not available?11If treaty access was one of the principal purposes, the benefit can be denied.
  • Does the holding company have its own decision-makers, staff and costs in the claimed country?1718Substance supports residence, beneficial ownership and the principal purpose test together.
  • For US-source income, which limitation on benefits test would the recipient meet?916US treaties are not modified by the MLI and rely on their own limitation on benefits rules.

Documents usually needed

  • Synthesised text of the treaty as modified by the MLI, from the relevant tax authority
  • Board papers recording the commercial rationale for the holding or financing structure
  • Evidence of substance: office, employees, local directors, bank accounts and audited accounts
  • Tax residency certificate for the relevant period

Common mistakes

  • Relying on the original treaty text without checking the MLI-modified version
  • Treating a tax residency certificate as conclusive proof of treaty entitlement
  • Using nominee directors while decisions are made elsewhere
  • Assuming the MLI applies in the same way to every treaty a country has signed
  • Ignoring the different MLI effective dates for withholding taxes and other taxes

Questions businesses ask

Is a tax residency certificate enough to get the treaty rate?

No. It shows residence, but the recipient must also be the beneficial owner and pass the principal purpose test or, for US treaties, the limitation on benefits article.20191116

Which of the eight markets have the MLI in effect?

India, the UAE, the UK and Singapore are confirmed; Saudi Arabia, France and Germany are recorded as in force subject to confirmation; the US has not signed. Each treaty still needs checking for coverage.23456789

Does the principal purpose test apply to the India-UAE treaty?

Yes. India's synthesised text shows it replacing the treaty's limitation of benefits article, effective in India for withholding on taxable events from 1 April 2020.1113

What this guide does not yet confirm

These points need checking with a qualified local professional before you rely on them.

  • The OECD MLI signatories and parties list could not yet be checked; Saudi Arabia, France, Germany and US status are research drafts.
  • Whether the India-Singapore and India-Saudi Arabia treaties are modified by the MLI, and which provisions apply, was not confirmed; India's synthesised texts for those treaties could not yet be checked.
  • The limitation on benefits articles in the US treaties with India, the UK, Germany and France could not yet be checked.
  • Germany's approach of implementing MLI changes through domestic legislation, treaty by treaty, was not confirmed.

Sources and review status

Each statement is numbered to the source it was checked against. We use official sources where we can, and each statement says whether it was checked against an official or a secondary source. Sources last checked on 18 October 2026. None of it has been professionally reviewed yet: it is research checked against official and secondary sources by WONE Global, not legal or tax advice.

  1. The OECD described the MLI, when negotiations concluded, as covering more than 2,000 tax treaties, with more than 100 jurisdictions having concluded negotiations. Figures from the OECD's original MLI page, which pre-dates the June 2017 signing ceremony; current coverage is higher and was not confirmed.

    OECD — Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS · Page summary · Checked 18 October 2026 · Checked against an official source · Not yet professionally reviewed

    Archived 2017 OECD page; use only as background.

  2. The MLI entered into force for India on 1 October 2019. Effect on each treaty depends on both parties' MLI positions.

    Income Tax Department, Government of India (CBDT) — UAE: Synthesised text of the India-UAE DTAA as modified by the MLI · MLI entry into force box · In force from 1 October 2019 · Checked 18 October 2026 · Checked against an official source · Not yet professionally reviewed

  3. The MLI entered into force for the UAE on 1 September 2019. Effect on each treaty depends on both parties' MLI positions.

    Income Tax Department, Government of India (CBDT) — UAE: Synthesised text of the India-UAE DTAA as modified by the MLI · MLI entry into force box · In force from 1 September 2019 · Checked 18 October 2026 · Checked against an official source · Not yet professionally reviewed

  4. The MLI entered into force for the United Kingdom on 1 October 2018.

    HM Revenue & Customs (GOV.UK) — Multilateral Instrument and the 1997 Singapore-UK Double Taxation Agreement (synthesised text, in force) · Disclaimer / entry into force · In force from 1 October 2018 · Checked 18 October 2026 · Checked against an official source · Not yet professionally reviewed

  5. The MLI entered into force for Singapore on 1 April 2019.

    HM Revenue & Customs (GOV.UK) — Multilateral Instrument and the 1997 Singapore-UK Double Taxation Agreement (synthesised text, in force) · Disclaimer / entry into force · In force from 1 April 2019 · Checked 18 October 2026 · Checked against an official source · Not yet professionally reviewed

    Same date stated in the Australian Taxation Office synthesised text for the Australia-Singapore DTA.

  6. The MLI entered into force for Saudi Arabia on 1 May 2020.

    OECD — Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS · Signatories and parties status list · In force from 1 May 2020 · Checked 18 October 2026 · Research draft · Source not yet confirmed

    Date taken from the OECD MLI signatories and parties status list, which refused automated access, and the session's web search budget was exhausted. is an archived 2017 page that does not show country status. Confirm on the current OECD MLI status list.

  7. The MLI entered into force for France on 1 January 2019.

    OECD — Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS · Signatories and parties status list · In force from 1 January 2019 · Checked 18 October 2026 · Research draft · Source not yet confirmed

    Date taken from the OECD MLI signatories and parties status list, which refused automated access, and the session's web search budget was exhausted. is an archived 2017 page that does not show country status. Confirm on the current OECD MLI status list.

  8. The MLI entered into force for Germany on 1 April 2021. Germany applies the MLI only to the treaties it has notified, and has indicated it may give effect to MLI changes through domestic legislation; treaty-by-treaty status not confirmed.

    OECD — Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS · Signatories and parties status list · In force from 1 April 2021 · Checked 18 October 2026 · Research draft · Source not yet confirmed

    Date taken from the OECD MLI signatories and parties status list, which refused automated access, and the session's web search budget was exhausted. is an archived 2017 page that does not show country status. Confirm on the current OECD MLI status list.

  9. The United States has not signed the MLI, so its treaties are not modified by it.

    OECD — Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS · Signatories and parties status list · Checked 18 October 2026 · Research draft · Source not yet confirmed

    Date taken from the OECD MLI signatories and parties status list, which refused automated access, and the session's web search budget was exhausted. is an archived 2017 page that does not show country status. Confirm on the current OECD MLI status list.

  10. The department's synthesised text shows MLI Articles 6 (preamble), 7 (principal purpose test), 16 (mutual agreement procedure, three-year presentation period) and 17 (corresponding adjustments) applying to the India-UAE DTAA. MLI Articles 12 and 13 (permanent establishment) are not shown as applying.

    Income Tax Department, Government of India (CBDT) — UAE: Synthesised text of the India-UAE DTAA as modified by the MLI · MLI provisions applied · Checked 18 October 2026 · Checked against an official source · Not yet professionally reviewed

  11. In the India-UAE DTAA, the MLI principal purpose test replaces Article 29 (Limitation of Benefits): a benefit is denied where it is reasonable to conclude that obtaining it was one of the principal purposes of an arrangement, unless granting it accords with the object and purpose of the treaty. MLI Article 7(1) as applied to the India-UAE DTAA.

    Income Tax Department, Government of India (CBDT) — UAE: Synthesised text of the India-UAE DTAA as modified by the MLI · Article 29 as replaced by MLI Article 7 · Checked 18 October 2026 · Checked against an official source · Not yet professionally reviewed

  12. A Limitation of Benefits article (Article 29) was inserted into the India-UAE DTAA by Notification SO 2001(E) dated 28 November 2007. Later replaced by the MLI principal purpose test (see tx-treaty-access-and-anti-abuse-005).

    Income Tax Department, Government of India (CBDT) — UAE: Comprehensive Agreements · Notifications and amendments · In force from 28 November 2007 · Checked 18 October 2026 · Checked against an official source · Not yet professionally reviewed

  13. For the India-UAE DTAA, the MLI applies to withholding taxes in India where the taxable event occurs on or after 1 April 2020, and in the UAE on or after 1 January 2020. Withholding taxes only; other taxes have separate dates.

    Income Tax Department, Government of India (CBDT) — UAE: Synthesised text of the India-UAE DTAA as modified by the MLI · Date of effect box · In force from 1 April 2020 · Checked 18 October 2026 · Checked against an official source · Not yet professionally reviewed

  14. The MLI principal purpose test applies to the UK-Singapore DTA, with effect for taxes withheld at source in both states from 1 January 2020. MLI Article 7(1).

    HM Revenue & Customs (GOV.UK) — Multilateral Instrument and the 1997 Singapore-UK Double Taxation Agreement (synthesised text, in force) · MLI Article 7 box; dates of effect · In force from 1 January 2020 · Checked 18 October 2026 · Checked against an official source · Not yet professionally reviewed

  15. The OECD Commentary treats splitting a construction project into separate contracts to stay below the time threshold as a case where treaty benefit may be denied, and HMRC applies the principal purpose test to such arrangements. OECD Commentary Example J (22-month project split into two 11-month contracts, one with a subsidiary).

    HM Revenue & Customs (GOV.UK) — International Manual INTM264800: Domestic and treaty law: building site or construction or installation project · INTM264800 · Checked 18 October 2026 · Checked against an official source · Not yet professionally reviewed

  16. US income tax treaties generally contain a limitation on benefits article that restricts treaty benefits to qualifying residents. Tests vary by treaty; the US treaties with India, the UK, Germany and France could not yet be checked.

    Internal Revenue Service (IRS) — United States income tax treaties - A to Z · Treaty list page · Checked 18 October 2026 · Research draft · Source not yet confirmed

    The IRS page was opened but does not discuss limitation on benefits; statement is from general knowledge of US treaty practice and needs confirmation against each treaty text.

  17. Under the UK case-law test, a company is also UK resident if its central management and control is exercised in the UK, meaning the highest level of control of the business. Applies to companies not incorporated in the UK; derived from De Beers Consolidated Mines Ltd v Howe. Control may be exercised by the board or by another person, such as a parent, that has in fact assumed it.

    HM Revenue & Customs (GOV.UK) — International Manual INTM120060: The case law rule: central management and control · INTM120060 · Checked 18 October 2026 · Checked against an official source · Not yet professionally reviewed

  18. India defines place of effective management as the place where key management and commercial decisions necessary for the conduct of the entity's business as a whole are, in substance, made; CBDT guidelines distinguish companies engaged in active business outside India. CBDT Circular No. 6 of 2017 (guiding principles for determination of POEM).

    Income Tax Department, Government of India (CBDT) — Circulars · Circular No. 6 of 2017 · In force from 1 April 2016 · Checked 18 October 2026 · Research draft · Source not yet confirmed

    Point reflects the Income-tax Act, 1961 and its CBDT guidance. The Income-tax Act, 2025 replaced the 1961 Act from 1 April 2026 and renumbered provisions; the corresponding 2025 Act section and any CBDT guidance re-issued under it could not yet be checked. The circular itself could not yet be checked; the circulars index is cited.

  19. Under Article 10(2) of the India-UAE DTAA, tax in the source state on dividends paid to a beneficial owner resident in the other state may not exceed 10% of the gross amount. Applies in either direction; no MLI modification to Article 10 shown in the synthesised text.

    Income Tax Department, Government of India (CBDT) — UAE: Synthesised text of the India-UAE DTAA as modified by the MLI · Article 10(2) · Checked 18 October 2026 · Checked against an official source · Not yet professionally reviewed

  20. India requires a non-resident to obtain a tax residency certificate from its country of residence to claim treaty relief, together with prescribed additional information (Form 10F under the 1961 rules). Income-tax Act, 1961 section 90(4)-(5) and rules; 2025 Act and Income-tax Rules, 2026 equivalents apply from 1 April 2026.

    Income Tax Department, Government of India (CBDT) — Income-tax Act, 2025 · Treaty relief provisions (section 90 of the 1961 Act; 2025 Act equivalent) · Checked 18 October 2026 · Research draft · Source not yet confirmed

    Point reflects the Income-tax Act, 1961 and its CBDT guidance. The Income-tax Act, 2025 replaced the 1961 Act from 1 April 2026 and renumbered provisions; the corresponding 2025 Act section and any CBDT guidance re-issued under it could not yet be checked.

Questions on this topic

15 statements on treaty access and anti-abuse rules, 5 not yet checked against a source

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