In February 2021, the Subcommittee on the Update of the UN Model Double Taxation Convention between Developed and Developing Countries of the United Nations Committee of Experts on International Cooperation in Tax Matters presented a discussion draft that includes a proposal to revise the definition of “royalties" and a draft commentary on the revised definition. The Subcommittee suggests including payments for the use of, or the right to use computer software as well as the acquisition of any copy of computer software for the purposes of using it in the definition of royalties as described in Art 12 para 3 UN MC. Most probably, the recommendation will be adopted by the Committee of Experts at its forthcoming sessions for inclusion in the next update of the UN MC. Stefan Bendlinger summarizes this new approach and explains the implications of extending Art 12 UN MC to cross-border software payments.
