The Memorandum of Arrangement sets out rules for arbitration requests, required information, arbitrator appointments, and the overall arbitration process.
The Australian Taxation Office (ATO) and New Zealand signed a Memorandum of Arrangement on the Implementation of Part VI of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting on 2 September 2025.
This Memorandum of Arrangement is entered into pursuant to Article 25 of the Convention between Australia and New Zealand for the Avoidance of Double Taxation with respect to Taxes on Income and Fringe Benefits and the Prevention of Fiscal Evasion (hereinafter referred to as “the Covered Tax Agreement”), as modified by Article 16 of the Convention, and paragraph 10 of Article 19 of the Convention. The competent authorities may modify or supplement this Memorandum of Arrangement by an exchange of letters between them.
The agreement outlines detailed procedures for submitting arbitration requests, including the required information, the appointment and conduct of arbitrators, and the overall arbitration process.
The Memorandum of Arrangement took effect immediately on signing and will remain in force until either tax authority provides at least six months’ written notice to terminate.
