Gli effetti della Convenzione Multilaterale sui trattati fiscali

The Multilateral Convention to implement tax treaty-related measures to prevent base erosion and profit shifting is one of the most important and innovative initiatives in international tax law. The article aims to discuss the complex relationship between existing tax treaties and the multilateral instrument just entered into force. After an assessment of the legal nature of the Convention and the issues regarding its interpretation, the process to ascertain the applicable rule is detailed. Even if the multilateral instrument provides for compatibility clauses, it is argued that conflicts of treaties may arise, because tax treaties often use different terminology and have different enumeration styles, different wording, and even different scopes. Accordingly, the article also provides suggestions about the future implementation of the Convention and its consequences in terms of legal certainty in tax treaty law.