Executive summary
The Spanish Supreme Court (Tribunal Supremo) issued a favorable decision on 3 March 2020, which was recently published,1 setting relevant precedent regarding the limits of a dynamic interpretation of tax treaties.
The resolution is of special interest in relation to the rules governing the interpretation of tax treaties in light of the Organisation of Economic Co-operation and Development (OECD) Commentaries to the Model Tax Convention (the Commentaries) and, by extension, the OE…