주요 목적 기준의 쟁점 - 적용요건을 중심으로

This study analyzes interpretative issues surrounding the Principal Purpose Test (PPT), which was introduced to prevent the abuse of tax treaties within the international tax system, focusing particularly on its conditions of application. The PPT represents one of the core outcomes of the OECD/G20 Base Erosion and Profit Shifting (BEPS) Project Action 6, “Preventing the Granting of Treaty Benefits in Inappropriate Circumstances”, and is codified in Article 29(9) of the 2017 OECD Model Tax Convention and Article 7(1) of the Multilateral Instrument (MLI). As of 2024, most tax treaties have incorporated the PPT through the MLI, making its interpretation and application a new challenge for tax authorities and courts across jurisdictions. Although designed as a General Anti-Avoidance Rule (GAAR) to prevent the misuse of treaty benefits, the PPT entails inherent legal uncertainty due to its dual structure comprising subjective and objective elements and its abstract normative language. Building on these concerns, this paper examines the PPT’s conditions for application by dividing them into the subjective and objective elements and reviews key interpretative debates that have emerged to date. The study concludes that while the PPT serves as an essential mechanism to prevent treaty abuse, its inconsistent application across countries risks undermining legal stability. Therefore, continuous monitoring of international practice and scholarly discourse is essential to establish a coherent and balanced interpretative stance in the Korean context.