The following article was published in the IBFDs “Bulletin for International Taxation” (Vol. 63, Number 4, 2009), written by Peter H. Dehnen and Stanley C. Ruchelman. The authors dedicate it to their friend and colleague, Joseph H. Guttentag, on the occasion of his 80th birthday in recognition of a lifetime of public service.

Summary

The 2006 protocol to the 1989 tax treaty and protocol between Germany and the United States amended both the treaty and the protocol. The 2006 protocol provides for mandatory arbitration if certain conditions are satisfied. In December 2008, the competent authorities of Germany and the United States signed a Memorandum of Understanding which deals with requests for competent authority assistance and arbitration. It is published in I.R.S. Announcement 2008-124, and guidelines supplementing the Memorandum of Understanding are published in I.R.S. Announcement 2008-125. This article provides an overview of the substantive and procedural provisions for mandatory arbitration in the 2006 protocol and the Memorandum of Understanding.

Read the complete article.