The James Hausman Tax Law and Policy Workshop
Presents:
Stephen Shay
Boston College
The UTPR and Double Tax Treaties: Does the UTPR Violate OECD Model Capital Ownership Non-discrimination?
Thursday March 27, 2025
4:30pm - 6pm
Falconer Hall, 84 Queens Park, Solarium
Abstract: This paper considers whether a tax imposed under the Inclusive Framework’s Pillar 2 undertaxed profits rule (UTPR) on a constituent entity (CE) of a multinational group within the scope of Pillar 2 would be inconsistent with the capital ownership paragraph of the OECD Model Convention nondiscrimination article. The better answer is that the UTPR would not violate capital ownership non-discrimination
Stephen Shay practices and teaches tax law. Shay is a former U.S. Treasury Deputy Assistant Secretary for International Tax Affairs and is a retired partner of Ropes & Gray, LLP. Shay has taught U.S. tax law courses as a Professor of Practice at Harvard Law School, as an Adjunct Professor at Boston College Law School, and as a Lecturer at Yale Law School, Oxford University (MSc. in Taxation) and the Leiden International Tax Institute (Masters in Taxation). Shay was the IBFD Professor in Residence for 2015. Shay consults for international organizations and private parties and has testified as an expert before judicial and arbitral tribunals on behalf of governments and private litigants. Shay has been retained as an expert witness by the revenue authorities of Australia, Ireland and New Zealand and by private parties in investor-state arbitrations with Canada and Russia. Shay has served as an expert consultant to the International Monetary Fund on tax policy missions to Dominica, Kenya, Switzerland, Tanzania and Uganda. Shay has had extensive practice experience in the international tax area and while in active practice was recognized as a leading practitioner in Chambers Global: The World’s Leading Lawyers, Chambers USA: America’s Leading Lawyers, The Best Lawyers in America, Euromoney’s Guide to The World’s Leading Tax Advisers and Euromoney’s, Guide to The Best of the Best.
For further workshop information contact events.law@utoronto.ca
