The principal purpose test in the OECD Multilateral Instrument has attracted significant academic attention but, until now, no judicial commentary. In this article, Jared Mackey and Wade Ritchie take a deep dive into what is understood to be the world’s first decision on the principal purpose test: SC Lowy P.I. (Lux) S.A.R.L., Luxembourg v. Assistant Commissioner of Income Tax, decided by the Delhi Bench of India's Income Tax Appellate Tribunal.
The article, entitled "Investment Entity Satisfies MLI Principal Purpose Test: SC Lowy P.I. (Lux) S.A.R.L., Luxembourg v. ACIT ", is published by the Federated Press in International Tax Planning journal (Volume XXVIX, No. 2) and can be accessed on Taxnet Pro by Thomson Reuters.
