Australia has adopted Article 4, but not the rule that would allow both tax administrations to grant contractual benefits in the absence of such an agreement. The content of the BEPS measures related to the tax agreement (under BEPS measures 2, 6, 7 and 14) was agreed as part of the final BEPS package. As a result, negotiations on the text of the BEPS multilateral instrument focused on how the BEPS multilateral instrument should amend the provisions of bilateral or regional tax agreements to implement these BEPS measures.  The Multilateral Agreement on the Implementation of Tax Convention Measures to Prevent Profit Reduction and Profit Shifting, sometimes also as a Multilateral BePS Instrument, is a multilateral agreement of the Organisation for Economic Co-operation and Development to combat tax evasion by multinationals (MNEs) through the prevention of profit reduction and profit shifting (BASE Erosion and Profit Shifting, BEPS). The BePS multilateral instrument was negotiated under the OECD`s G20 BEPS project and allows countries and lawyers to quickly amend their bilateral tax agreements to implement some of the agreed measures.  The BePS Multilateral Instrument was adopted on 24 November 2016 and signed on 7 June 2017 by 67 jurisdictions for the first signing ceremony.  As of July 2018, 83 countries signed the BePS multilateral instrument, which covers more than 1,400 bilateral tax treaties. It entered into force on 1 July 2018 and was one of the first jurisdictions to ratify it.  Most contracts use the place of actual management of a company as a key test for determining the country of dual residence for contractual purposes. This test is supplemented by other factors and allows both tax administrations to agree on a single country of residence.
Australia has adopted Article 4, but not the rule that would allow both tax administrations to grant contractual benefits in the absence of such an agreement. The BePS multilateral instrument aims to “prevent contractual abuse, improve dispute settlement, artificially prevent establishment status and neutralize the effects of hybrid arrangements”.  The BePS Multilateral Instrument does not function in the same way as an amending protocol to a single existing treaty that would directly amend the text of the existing tax treaty. . . .