If the initiation map requirement was rejected, no POP would be initiated. If both competent authorities refuse the application for the opening of the POP, taxpayers may, in accordance with the DBA, appeal ahead of this decision to the District Court. If one of the competent authorities rejects the application for the opening of the MAGP, this decision may be the subject of arbitration proceedings. The local court can also appeal the DCA`s decisions to reject an application for the introduction of the MAGP based on the EU tax treaty or arbitration agreement. Under most U.S. income tax agreements, the taxpayer may request assistance from the U.S. competent authority and the U.S. competent authority may accept a request for assistance from the competent authority, even if the U.S. limitation period for requesting a refund (or any other period applicable under U.S. law or the law of the other Contracting State) is set. See (z.B Model Treaty (2006), Article 25(1)). KPMG International is a Swiss cooperative that serves as a focal point for a network of independent member companies. KPMG International does not offer audit or other client services.
These services are provided exclusively by member companies located in their respective geographical areas. KPMG International and its subsidiaries are separate and legally distinct entities. They are not and nothing should be interpreted in such a way that these companies enter into the relationship of parent companies, subsidiaries, agents, partners or joint ventures. No member company is entitled (effectively, manifestly, implicitly or otherwise) to engage or retain KPMG International or a member company. The information contained therein is of a general nature and is not intended to respond to the circumstances of a particular natural or legal person. Although we strive to provide accurate and timely information, it cannot be guaranteed that such information is accurate at the time of receipt or that it will remain correct in the future. No one should react to this information without appropriate professional advice after a thorough examination of the situation. .