The mutual agreement procedure and arbitration of double taxation disputes

It is in the interest of most states to eliminate double taxation (i.e. the payment of the same tax in two jurisdictions) of transnational commercial enterprises. Because such disputes involve, on the one hand, the state imposition of taxes, a right universally asserted by all states, and private entities on the other, taxation disputes between such parties are not, on their face, easily susceptible to arbitration. This article analyzes two dispute settlement procedures-the OECD First Model Tax Convention and a similar EU Convention-with the exclusive focus on disputes relating to the imposition of double taxation. It will look at the ways in which state roles may vary under these procedures from assisting in the negotiation process to taking a part similar to, but with important differences from, diplomatic protection on behalf of an affected enterprise. The article will examine the situations under which the settlement procedure is required and/or available, how the procedures are triggered, the obligations and parts played by the parties, the means by which the disputes are resolved (from negotiations to tribunals) and the limitations of the procedures. Are they “taxpayer friendly”? As a result the reader may draw comparisons between the two procedures. Finally, the article will look at the proposed OECD Arbitration Clause which is intended to be incorporated into Article 25 of the OECD Model Tax Convention as well as how these mechanisms relate and/or conflict with bilateral tax treaties and the GATS.

Relationship between physical capacity and quality of life in workers university

Aim: Examine the relationship between the functional capacity and the quality of life related to health in university workers. Methodology: Cross-sectional study in 146 subjects, divided in two groups: Low functional Capacity (< 9 METs) and High functional Capacity (> 9.1 METs). We evaluated quality of life related to health (HRQOL-Health Questionnaire SF-12) and functional capacity (Questionnaire PAR/PAF) as indicators of health status. Results: 47.3% (69 men) and 52.7% (78 women). The average age of the groups was 35.0 ± 9.7 years (range 19,0-60,0 years). For HRQOL, the average found in the population assessed was 45.2 ± 4.42 (range 33,0-58,1) and 43.8 ± 6.87 (range 19,8-43,8) in components Physical Component Summary (PCS-12) and Mental Component Summary (MCS-12), respectively p = NS. Significant differences were found when comparing functional ability and sex, p<0,001 in both groups. Similarly, sex and mental component MCS-12 (group of Lower Functional) p = 0,049 as well as women and the physical component PCS-12, p = 0,05 between groups. Finally, a better score in HRQL observed in the group of High Capacity and functional components in both sex OR 0.59 (0.25-1.38). Conclusions: The results of this study demonstrate the relationship between High functional Capacity and a better HRQOL in this population.

Estimating and Forecasting the Term Structure of Interest Rates:US and Colombia Analysis

In this paper we use the most representative models that exist in the literature on term structure of interest rates. In particular, we explore affine one factor models and polynomial-type approximations such as Nelson and Siegel. Our empirical application considers monthly data of USA and Colombia for estimation and forecasting. We find that affine models do not provide adequate performance either in-sample or out-of-sample. On the contrary, parsimonious models such as Nelson and Siegel have adequate results in-sample, however out-of-sample they are not able to systematically improve upon random walk base forecast.