Given that it is the unanimous view of OECD Member States that the source basis taxation
is not appropriate for services performed by a nonresident outside that State, it is unlikely
that the country where services are performed will give up its right to tax and therefore such
a provision is unlikely to serve as an effective model for bilateral agreements. While the UN
Model reflects different interests than the OECD Model and different rules are therefore
appropriate in some cases, it should be considered if deviating from a rule in the OECD Model that reflects unanimous agreement among OECD member countries will inevitably lead to conflicts in treaty negotiations. Doing so will likely encourage countries to take aggressive unilateral positions (in the absence of a treaty). The adoption of this rule on a unilateral basis will increase double taxation, reduce cross-border trade and increase costs for local consumers .