The Dutch Ministry of Finance has published a Memorandum of Understanding between Australia and the Netherlands governing arbitration under Part VI of the multilateral BEPS convention, released in the Staatscourant on 10 June 2026 as edition 2026, No. 20082. It was signed for the Australian Taxation Office on 25 March 2026 and for the Netherlands on 28 May 2026, operating under the countries’ 1976 double taxation treaty as modified by the convention.
The agreement allows disputes that tax authorities cannot resolve through the standard mutual agreement procedure to be referred to a three-member arbitration panel. It provides two models — a “final offer” approach and a reasoned “independent opinion” approach — alongside fixed timelines, confidentiality rules, and a split of costs between the two sides.
Australia reserved the right to exclude cases involving its general anti-avoidance rules, while the Netherlands entered no equivalent carve-out. The text stresses that the arrangement is an administrative understanding rather than a treaty, taking effect on signature and remaining in force until either party gives six months’ notice.