The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein.

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Tax treaties distinguish between dividends and interest, and entitle recipients of this remuneration derived from financial instruments to different treaty benefits in the source country in particular. Hence, the definitions of dividends and interest for tax treaty purposes are decisive. This article presents and compares these definitions contained in the OECD Model and the tax treaties agreed by Australia, Brazil, Germany, Italy, and the Netherlands. It offers an analysis of the definitions of dividends and interest outlined in the German Model and reveals that legal certainty is not fully achieved. Moreover, the German Model does not comprehensively prevent the effect of hybrid mismatch arrangements.

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