Mauritius has signed the Multilateral Convention to Implement Tax Treaty Related Measures to prevent Base Erosion and Profit Shifting (BEPS). Once ratified, the OECD’s Multilateral Instrument (MLI) will affect as many as 23 tax treaties entered into by the island nation, which has been an important jurisdiction for routing investments into India.
Most importantly, Mauritius has kept its double taxation avoidance treaty with India out of the purview of the global agreement that seeks to prevent companies from avoiding taxes. The island nation has opted for Principal Purpose Test (PPT) for the purpose of combating treaty abuse. Under this rule treaty benefit is denied where principal purpose of investment is to gain tax benefit.
Mauritius has also reaffirmed that it will implement the minimum standards outlined in the OECD/ G20 BEPS plan by 2018. Mauritius expressed its commitment to the BEPS project and stated that the tax treaties which are not covered by the MLI will be subject to a bilateral discussion with the respective treaty partners.
The MLI is a legal instrument designed to prevent Base Erosion and Profit Shifting by multinational enterprises. The MLI allows jurisdictions to transpose results from the OECD/ G20 BEPS project, including minimum standards to implement in tax treaties, to prevent treaty abuse and 'treaty shopping', into their existing networks of bilateral tax treaties in a quick and efficient manner.
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