UN: Proposed zero draft terms of reference for UN framework convention on international tax cooperation
Written comments are due by 21 June 2024.
The Bureau of the Ad Hoc Committee to Draft Terms of Reference for a United Nations Framework Convention on International Tax Cooperation on 7 June 2024 released a proposal for the zero draft terms of reference for a United Nations (UN) framework convention on international tax cooperation, which is intended to establish a “system of governance for international tax cooperation” and “ensure fairness in the allocation of taxing rights under the international tax system.” Read the zero draft
Written comments from member states and other stakeholders are due by 21 June 2024 at 5:00 PM EDT. The second session of the Ad Hoc Committee will be held from 29 July 2024 to 16 August 2024
According to the UN release, the Committee discussed the following timeline for inter-sessional work, in preparation for its second session:
- 3 June 2024 (week of): Circulation of a zero draft of the terms of reference to Member States and other stakeholders for written comments, for a two-week comment period, with a strict word-limit of 2,000 words per submission. The deadline for member states and other stakeholders to send written comments is 21 June 2024, 5:00 PM EDT.
- 17 June 2024 (week of): Deadline for written submissions from member states and other stakeholders.
- 15 July 2024 (to be confirmed): Circulation of draft terms of reference to member states and other stakeholders in advance of the second session (29 July to 16 August 2024)—i.e., the text that will be the basis for the discussions and negotiations during the second session.
KPMG observation
The zero draft provides that the negotiation of the framework convention should be done in accordance with established practice, presumably meaning based on the procedures of the UN General Assembly, which operates based on majority vote.
The zero draft calls for five early protocols to be negotiated simultaneously with the framework convention, covering several controversial topics such as taxation of the digitalized and globalized economy and taxation of cross-border services.