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1
Ahrens, Leo, Lukas Hakelberg, and Thomas Rixen. "Transcending Tax Competition: How Financial Transparency Enables Governments to Tax Portfolio Capital." Intertax 49, Issue 6/7 (June 1, 2021): 549–54. http://dx.doi.org/10.54648/taxi2021053.
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Rosembuj, Tulio. "International Tax Arbitrage." Intertax 39, Issue 4 (April 1, 2011): 158–68. http://dx.doi.org/10.54648/taxi2011019.
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The end of this decade leaves us with a scenario bare of any justification. There was not only the pursuit of certain logic for immediate profits but also the global aim to turn taxes (both local and international) into profits. Arbitrage was aimed to take advantage of differences in prices, and tax arbitrage went a step further aiming to turn the tax advantage into price. The aim was not solely to minimize the tax impact but also to add financial profits to the tax profit, which then became a source of income. The general principle against tax evasion establishes the restriction of any abusive practice in tax arbitrage. The double taxation principle needs the correlation of taxation, at least, in one place. One of the means used to avoid it was the use of financial hybrids and other hybrid forms. The Bank for International Settlements, Basel I, and the increasing role of credit rating agencies contributed substantially to the massive development of financial and tax arbitrage, both at local and international levels. We are in a position to know what triggered the financial markets crisis, but surprisingly enough, neither the financial law nor tax law has yet reacted. Scholars, regulations, and precedents provide sufficient basis for such a reaction!
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Khavanova, Inna A. "Diagnostics of a Tax Benefit in National and International Law (Methodological Aspects)." Taxes 1 (February 18, 2021): 36–40. http://dx.doi.org/10.18572/1999-4796-2021-1-36-40.
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The article is devoted to the aspects of substantiation of tax benefit in transnational operations. The schemes of tax evasion including transnational ones face strong opposition in national legislation, judicial doctrine and provisions of international agreements. In author`s opinion, now the doctrine of unfounded tax benefit is at the new stage of development after the adoption of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation on appraisal by arbitration courts of relevance of gaining of tax benefit by tax residents, dated October 12 № 53. The author examines interaction between internal (Article 54.1 of the Tax Code of the Russian Federation) and international tax rules taking into account new approaches adopted after the OECD/G20 Base Erosion and Profit Shifting Project was realized. Special attention is paid to Multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting particularly to principle purpose test. The author notes that principle purpose test was designed on the basis of legal link between principal purposes of tax payer transaction and object and purpose of international agreement. The nature of such approach can be explained by peculiarities of international agreements for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.
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Jogarajan, Sunita. "Tax In History: The 100th Anniversary of International Institutions and International Taxation." Intertax 48, Issue 10 (September 1, 2020): 929–33. http://dx.doi.org/10.54648/taxi2020091.
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The year 2020 got off to an encouraging start. On 29-30 January 2020 … the 137 countries and jurisdictions of the G20/OECD Inclusive Framework on BEPS reaffirmed their commitment to reach a consensus-based solution and endorsed the ‘Outline of the Architecture of a Unified Approach on Pillar One.’(OECD, OECD Secretary-General Tax Report to G20 Finance Ministers and Central Bank Governors (Riyadh, Saudi Arabia) (OECD Publishing, Feb. 2020), available at http://www.oecd.org/ctp/oecd-secretary-general-tax-report-g20-finance-ministers-riyadhsaudi- arabia-february-2020.pdf (accessed 11 June 2020).) League of Nations, international tax, tax treaty, Great War, international institutions, International Financial Conference, tax evasion, double taxation, model treaties.
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Cerqueti, Roy, and Raffaella Coppier. "Corruptibility and tax evasion." European Journal of Law and Economics 39, no. 2 (July 5, 2013): 355–73. http://dx.doi.org/10.1007/s10657-013-9406-z.
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Bukenessov, Azamat, Dina Kalmaganbetova, Olzhas Seitzhanov, Kulbagila Baikenzhina, Assel Otarbaeva, and Natalya Sidorova. "Features of the Process of Evidence in Criminal Cases Evancation of Payment for Taxes from Organizations." Journal of Law and Sustainable Development 11, no. 8 (September 29, 2023): e1434. http://dx.doi.org/10.55908/sdgs.v11i8.1434.
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Objective: The study of the features of the process of proof in criminal cases of tax evasion from organizations.
Theoretical framework: Theoretical materials were based on international scientific publications, reports, and scientific papers. And also for a more complete and objective presentation of the problem being studied, practical materials from criminal cases were used.
Method: It is a method to analyze the knowledge of the general patterns that characterize the evidentiary process in criminal cases of tax evasion. The methods of deduction and inducement made it possible to highlight the problematic aspects and characteristics of the investigation of evidence in criminal cases of tax evasion in criminal cases of tax evasion.
Results and conclusion: Different points of view on the determinants of tax crimes are taken into account, taking into account macro factors, moving to microregulatory factors and moving to an additional need for sanction of some tax evasion actions.The author concludes that there is a need to improve the standards of legislation in order to deal effectively with tax offences.
Originality/value: In criminal cases of tax evasion, the characteristics, procedure and mandatory points of the proof process of the entities are analyzed, which will allow us to identify many relevant circumstances. This type of crime greatly damages the budget of the Kazakhstan, and nowadays it has a great tendency for the problems of investigating tax crimes and one of its most dangerous manifestations, tax evasion, to be significant.
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Andrianova, Natalia. "Low-Tax Jurisdictions in International Tax Planning." Russian Law Journal 9, no. 3 (September 29, 2021): 137–62. http://dx.doi.org/10.17589/2309-8678-2021-9-3-137-162.
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Until recently low-tax jurisdictions have played an important role in the formulation of tax planning schemes by multinational enterprises. However with the onset of global trends towards deoffshorization, existing methods of tax optimization have seen significant changes. As there is currently no one single approach when creating the definition of, or defining a “low-tax jurisdiction”, in this article the definition and the main features of lowtax jurisdictions are proposed and the main stages in the formation and development of low-tax jurisdictions are detailed. On the basis of research carried out on the national legislation of low-tax jurisdictions, the main company types which meet the special legal formulae that can be incorporated into low-tax jurisdictions have been analyzed. In order to highlight similar characteristics and to simplify the analysis of the national legislation of low-tax jurisdictions so that general recommendations covering the nature of measures which can be used to counter illegal tax avoidance, tax evasion, money laundering and other illegal financial machinations, different classifications of low-tax jurisdictions have been analyzed. The unfair and perhaps even illegal use of low-tax jurisdictions often leads to violations of core tax principles which may have an impact on the overall size of budget revenues available to high-tax countries. Therefore, deoffshorization measures are being proposed at the international level. Currently the main global trend has been to increase the transparency of tax information and of financial transactions which are carried out by international exchanges. This is supported by the strengthening and expansion of cooperation between tax authorities which serves to counter the abuse of provisions in international tax treaties on the avoidance of double taxation.
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Dobrovolskis, Martynas. "Ultima ratio Principle in the Criminalization of Tax Evasion." Teisė 114 (April 5, 2020): 71–84. http://dx.doi.org/10.15388/teise.2020.114.4.
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This article evaluates the significance of the principle of ultima ratio for the national process of criminalization. It also assesses the criminalization of tax evasion in the Criminal Code of the Republic of Lithuania using the criminalization criteria established in both national and international legal regulation, case law and criminal law doctrine.
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Mohamed Saniff, Shereeza, Isnaini, Beby Suryani Fithri, and S. Salini Iswari. "Comparative Study of Law Enforcement Against Taxation Crimes in Indonesia and Malaysia." JURNAL MERCATORIA 17, no. 1 (June 29, 2024): 1–9. http://dx.doi.org/10.31289/mercatoria.v17i1.12068.
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This research conducts a comparative study of law enforcement strategies aimed at combatting taxation crimes in Indonesia and Malaysia. The study examines the legal frameworks, enforcement mechanisms, and institutional capacities of tax authorities in both countries. Through an analysis of relevant laws, regulations, and enforcement practices, the research evaluates similarities and differences in approaches to tackling tax evasion, fraud, and non-compliance. Additionally, the study explores the role of collaboration between tax authorities and other government agencies, as well as international cooperation in addressing cross-border tax crimes. By identifying effective strategies and areas for improvement in law enforcement against taxation crimes, the research aims to contribute to the development of more robust and coordinated efforts to combat tax evasion and ensure compliance with tax laws in Indonesia and Malaysia.
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Obadina, Derek Adetokunbo. "Confronting the problem of cross-border tax evasion in an era of greater global transparency of tax relevant information." Journal of Money Laundering Control 19, no. 4 (October 3, 2016): 470–99. http://dx.doi.org/10.1108/jmlc-10-2015-0043.
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Purpose This paper aims to examine the Nigeria’s approach for tackling tax evasion, the limitations of double tax conventions for that purpose, the benefits of multilateral instruments/standards for automatic exchange of tax information and Nigeria’s ability to participate in such arrangements. Design/methodology/approach This paper is a library-based research, deploying content analysis with respect to books, law reports, law journals and newspapers. Findings Nigeria has taken significant steps to deal with domestic tax evasion by tightening anti-money laundering legislation, principally by making tax evasion a predicate offence and by imposing relating reporting obligations on financial institutions and a wide range of designated non financial institutions (DNFI's), but cross-border tax evasion remains a big problem owing to a limited network of double tax conventions (DTCs) and inherent limitations of the machinery in limiting exchange of information to distinct requests. Nigeria’s ability to benefit from new international standards providing for automatic exchange is compromised by the absence of robust rules with respect to taxpayer confidentiality and data protection. Research limitations/implications Because the research focused on Nigeria, the findings of the study might not be applicable to other jurisdictions. Originality/value Given the devastating effects of tax evasion on development in Nigeria and the priority accorded to the eradication of the problem in the sustainable development goals, this paper meets a need to determine the extent of sufficiency of Nigeria’s legal and regulatory framework in enabling the country to tackle tax evasion.
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Santiago, Igor Mauler. "Free Competition: How Tax Evasion and Tax Competition Distort Markets – The Brazilian Perspective." Intertax 38, Issue 3 (March 1, 2010): 170–76. http://dx.doi.org/10.54648/taxi2010019.
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The article discusses how tax evasion and tax competition jeopardize free competition between companies. Focusing on the Brazilian experience, it shows that the country is not a major player in international tax competition, but that there is a ferocious tax war between Brazilian States and Municipalities. The article describes the two main examples of this internal tax competition and presents some of the still unresolved juridical problems it causes. Then, the article puts light on the contradictory Brazilian approach to tax fraud (including piracy): hard financial and criminal penalties, but a permanent possibility of full amnesty through payment. The conclusion is that the principle of free and equal competition between companies will not be guaranted in Brazil until discriminatory tax benefits are proscribed and until tax evasion ceases to be a relatively safe harbour.
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Olubukola Otekunrin, Adegbola, Tony Ikechukwu Nwanji, Damilola Felix Eluyela, Henry Inegbedion, and Temitope Eleda. "E-tax system effectiveness in reducing tax evasion in Nigeria." Problems and Perspectives in Management 19, no. 4 (November 5, 2021): 175–85. http://dx.doi.org/10.21511/ppm.19(4).2021.15.
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This study examined how electronic tax system (E- tax system) reduces tax evasion in Nigeria. The survey sample was drawn from Federal Inland Revenue Service (FIRS) staff and small and medium-scale enterprise taxpayers registered in F.C.T., Abuja, Nigeria. Primary data was derived from a questionnaire administered to a population of 60 officials and employees of the FIRS and taxpayers at a small and medium-scale enterprise registered in F.C.T., Abuja, Nigeria. The secondary data used was extracted from the tax revenue collection report on the FIRS platform for 2000–2019 (20 years). The conclusive research design was used. General linear model and linear regression were used to analyze the data collected. The E-tax system was measured using actual tax revenues and the level of electronic tax services. In contrast, tax evasion was measured using tax compliance and mind-set of taxpayers towards E-tax system. Taxpayers’ attitudes towards E-tax system, actual tax revenue, tax compliance and the level of electronic tax services were used as mediating and control variables; thus, results established a significant relationship, and this relationship is an adverse one. The work shows that an effective electronic tax system will significantly reduce tax evasion. Therefore, the proper implementation of the electronic tax system helps mitigate the problem of tax evasion that causes economic and social detriments in the tax administration system.
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Хаванова, Инна, and Inna Khavanova. "Concept of Beneficiary Owner (Proprietor) in Tax Law." Journal of Russian Law 2, no. 12 (December 1, 2014): 0. http://dx.doi.org/10.12737/6585.
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The concept of beneficial ownership draws the increasing attention because it´s widely used by the international holding structures for tax planning. The author analyzes the concept of beneficial ownership in the tax law taking into account new Russian legislative initiatives and law-enforcement practice. The article touches upon the history of this concept, its content in the international tax law, peculiarities of the ratio of national and international tax law norms, questions of concept application and usage of the term «the person having the actual right to receive the income» in conventions for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income. The author concludes that inclusion of the term «the actual addressee (beneficial owner) income» in the Tax code of the Russian Federation for the purposes of the application of the Double tax agreements by itself will not provide for the effective application of the concept which is a result of expert development, carried out within the Organization for Economic Co-operation and Development (OECD) and also case-law of the leading states. The author concludes that there´s a necessity for the scientific researches taking into account the specificity of the Russian legal system, defining the directions of tax and legal researches.
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Omar, Nadia, Wan Liza Md Amin, and Nurazlina Abdul Raof. "Addressing Offshore Tax Evasion Challenges in the Rising of Digitalization Economy." Environment-Behaviour Proceedings Journal 6, no. 18 (December 31, 2021): 243–48. http://dx.doi.org/10.21834/ebpj.v6i18.3019.
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Countries worldwide have lost billions of dollars in tax revenue due to tax evasion on income from offshore bank accounts. The increasing challenge in a rising digital economy, has brought about significant economic and social disruption, necessitating advanced measures to combat offshore tax evasion. Hence, this paper aims to provide an overview and critical analysis of the digital approaches taken globally to curb offshore tax evasion strategies used by individual and multinational corporations. This paper employs library-based doctrinal study and comparative legal analysis in a descriptive, analytic provision, and prescriptive manner. Keywords: Offshore Asset, Tax Evasion, Digital Economy, Law Reform eISSN: 2398-4287© 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v6i18.3019
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Zelmenis, Jānis. "Definition of Tax Planning in the Case Law of the Court of Justice of the EU (ECJ)." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 2, no. 23 (2022): 132–44. http://dx.doi.org/10.25143/socr.23.2022.2.132-144.
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The objective of the study is to analyse the current and past case law of the European Court of Justice (ECJ) regarding tax disputes based on the modern legislation of the EU countries and applicable international law to determine the concept and criteria for legal tax planning. This article provides an in-depth study of the well-known Cadbury Schweppes case (2006), including the decision of the ECJ, which laid the foundation for a new concept of examination and interpretation of tax disputes on the merits in general. The introduction of the concept of “wholly artificial arrangements” and their characteristics stipulated and determined the development of the entire field of tax planning for years to come. Other rulings of the ECJ following the case of Cadbury Schweppes have described in greater detail and more specifically the concept of “wholly artificial arrangements” under the influence of the practice of tax planning itself, determining what tax planning is legitimate and how exactly it should be distinguished from tax evasion and tax avoidance. Several research methods have been used in this study: comparative method, historical method, analytic method, inductive method. Keywords: European Court of Justice, freedom of establishment, notion of economic substance, tax disputes, tax planning, wholly artificial arrangements, tax evasion
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Schmidt, Peter Koerver. "Taxation of Income in Foreign Trusts: Denmark Introduces a New Anti-avoidance Rule Targeting the Use of Foreign Trusts." Intertax 44, Issue 2 (February 1, 2016): 185–91. http://dx.doi.org/10.54648/taxi2016013.
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Denmark has introduced a new provision that states that Danish settlors of foreign trusts, under certain circumstances, must include the trust’s income in their own taxable income. The provision forms part of the Danish legislator’s recent attempts to prevent international tax evasion/ avoidance, and the underlying aim of the provision is to make the rules concerning foreign trusts easier to administrate and enforce by the Danish tax authorities. Based on an analysis of the provision’s area of application and legal effects, it is concluded that the new provision seems to be effective in mitigating the use of foreign (family) trusts for tax evasion/avoidance purposes. However, it is also concluded that there is reason to question whether the new provision is sufficiently precise and whether the aim could have been reached in a more expedient way.
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Chacón, Gabriela Rivadeneira. "Does Ecuador Comply with International Tax Information Exchange Standards Required to Apply the Multilateral Agreement on Mutual Administrative Assistance in Tax Matters?" International Journal of Law and Public Administration 4, no. 1 (May 27, 2021): 57. http://dx.doi.org/10.11114/ijlpa.v4i1.5214.
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The exchange of tax information is essential to prevent fraud and tax evasion. Accordingly, states and international organizations have developed international conventions regarding the exchange of tax information. One example is the Multilateral Convention on Mutual Administrative Assistance in Tax Matters. Some States, including Ecuador, have signed and ratified this Convention. However, it is unclear whether Ecuador currently meets almost all Convention's requirements.In this article, I investigated the Ecuadorian regulations and showed that Ecuador complies with most of the Convention’s standards. However, Ecuador does not have a specific comprehensive law that regulates information exchange. Therefore, Ecuador should develop policies and norms that exclusively regulate tax information exchange to facilitate practical information exchanging with other tax authorities.
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Dumiter, Florin Cornel. "THE CORRELATION BETWEEN DOUBLE TAXATION CONVENTIONS, TAX COMPLIANCE, AND TAX EVASION. EMPIRICAL EVIDENCE FROM OECD COUNTRIES." Technological and Economic Development of Economy 29, no. 3 (April 14, 2023): 902–48. http://dx.doi.org/10.3846/tede.2023.18260.
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The topics approached in this paper are of interest due to the divergent opinions that emerged in the media academics and practitioners concerning how the double taxation conventions are constructed, the official language in which an international convention must be written, and their de facto application, both in bilateral situations and among triangular or multilateral situations. To be more specific, the way in which double taxation conventions are constructed, signed, and implemented will generate changes in the level of direct taxes, at a certain time interval, both economically and legally with a special focus on tax compliance and tax evasion. Consequently, tax compliance is very important because of the behavior of the taxpayer and the willingness to pay taxes both on the national and international levels. Moreover, tax evasion is a serious problem that creates distortion and undermines worldwide trade and commerce. In this article, it is approached the complex relationship between double taxation conventions, tax compliance, and tax behavior in order to establish the connections and interactions between these three important aspects. The objective of this study is o evaluate and assess the interconnections between these three variables. The empirical study is revealed for selected comprehensive OECD countries with a panel data approach and with modeling techniques using Python software. The conclusions of this study reveal that between double taxation conventions, tax compliance, and tax evasion there is manifested strong connections both positive and negative, aspects highlighted by the empirical results, because the complex relationship manifested in practice regarding the stipulation of the law, the financial aspects and the application of fiscal policy, both on national and international levels.
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Sch�bel, Enrico. "Individuelle Entscheidung und finanzpolitische Konsequenzen [tax evasion]." European Journal of Law and Economics 18, no. 3 (December 2004): 391–92. http://dx.doi.org/10.1007/s10657-004-4279-9.
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Seara, Alberto Quintas, and Jose Manuel Calderón Carrero. "The Concept of Aggressive Tax Planning Launched by the OECD and the EU Commission in the BEPS Era: Redefining the Border between Legitimate and Illegitimate Tax Planning." Intertax 44, Issue 3 (March 1, 2016): 206–26. http://dx.doi.org/10.54648/taxi2016015.
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In recent years, the need to prevent and combat aggressive tax planning has played a key role not only in the agendas of international organizations and supranational institutions (OECD, EU, G-20, UN), but also in the agendas of national tax administrations. In this context, given the constraints and problems that result from the traditional model of enforcing tax obligations, the OECD is working towards the implementation of a complementary model of cooperative compliance, which shall be regarded as an instrument to improve voluntary tax compliance and to prevent tax fraud, tax evasion and aggressive tax planning. This piece of work addresses the fuzzy concept of aggressive tax planning in the framework of cooperative compliance programs and assesses how the ‘tax paradigm’ shift that is taking place at the international level (BEPS global tax reset) affects the delineation of the border between legitimate tax planning and tax avoidance, thus raising a number of issues and problems for taxpayers insofar as the redrawing of this thin red line has not been conducted in a globally uniform, transparent and consistent manner.
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Griffioen, Menno, and E. C. J. M. van der Hel-van Dijk. "Tackling VAT Fraud in Europe: The International Puzzle Continues." Intertax 44, Issue 6/7 (June 1, 2016): 503–12. http://dx.doi.org/10.54648/taxi2016040.
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The G20, the Organisation for Economic Co-operation and Development (OECD) and the EU have taken several initiatives to improve transparency and exchange of information to combat tax avoidance and tax evasion, including VAT fraud. A coordinated international approach seems to be the only solution to effectively fight VAT fraud within the EU. An analysis of the developments in international cooperation, however, shows that Member States (MS) seem to underuse other means of international cooperation that exist besides the exchange of information. The exchange of information on its turn seems to be mainly used within the national context. We conclude that due to a lack of coherence in the ‘control’ systems of MS and due to the fact that ‘coordination’ does not always mean ‘collaboration’, MS still seem to address this ‘European’ problem mainly on a national level which does not lead to a substantial decrease of the level of VAT fraud (including a lower tax gap) within the EU.
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Falah, Hasan, and Amjad Hassan. "The Role of International Agreements in Organising Tax Imposed on Intellectual Property Rights in Egypt, Palestine, and Jordan." Arab Law Quarterly 33, no. 4 (August 15, 2019): 381–99. http://dx.doi.org/10.1163/15730255-12334053.
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Abstract Recognising the potential abundance of revenue and penetration of intellectual property as protected in various forms (copyrights, trademarks, patents, industrial designs, technical expertise, and trade secrets), into every aspect of society, states have endeavoured to regulate and protect these rights through national legislation and international agreements that emphasise the need to organise and protect these tax rights to support cooperation and integration among countries, as well as resolving international disputes on double taxation and combating tax evasion. This Article examines existing intellectual property legislation in Palestine, Jordan, and Egypt. Legislations in these three countries have agreed to subject to tax intellectual property revenues and activities, recognising them as one of the most important sources of state income. However, Palestinian legislation has not been clear in setting laws to deal with intellectual property revenues, contrary to counterparties in Egypt and Jordan.
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Sediati, Diah Sulistyani Ratna, and Zaenal Arifin. "THE LEGAL POLICY OF IMPLEMENTING AUTOMATIC EXCHANGE OF INFORMATION (AEOI) IN INDONESIA: WHAT AND HOW?" Pena Justisia: Media Komunikasi dan Kajian Hukum 23, no. 2 (June 17, 2024): 45. http://dx.doi.org/10.31941/pj.v23i2.4532.
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The Automatic Exchange of Information (AEOI) is a scheme for the automatic exchange of financial information between countries to combat tax evasion and money laundering. Indonesia has established AEOI through Law Number 9 of 2017 and Minister of Finance Regulation Number 60/PMK.03/2017, taking into account various economic, social, and political interests in its legal political process. The purpose of this research is to analyze the legal politics behind the establishment of the Automatic Exchange of Information (AEOI) in Indonesia and to formulate effective and efficient implementation strategies in the government's efforts to combat tax evasion and money laundering through the scheme of automatic exchange of financial information between countries. This research uses normative legal research methods, focusing on examining and analyzing the applicable legal norms. The sources of legal materials used in this research consist of primary, secondary, and tertiary legal materials, with data collection techniques in the form of literature studies and data analysis conducted qualitatively. The research results reveal that the legal politics behind the establishment of the Automatic Exchange of Information (AEOI) in Indonesia are based on efforts to align with international standards in combating cross-border tax evasion and money laundering, enhancing fiscal transparency, strengthening law enforcement in the field of taxation, and increasing state revenue from the tax sector. The implementation of AEOI can be carried out effectively and efficiently by ensuring a strong legal framework, developing reliable information technology infrastructure, enhancing human resource capacity, building cooperation and coordination with financial service institutions and partner countries, conducting monitoring and evaluation, and raising public awareness and education about the importance of AEOI in combating cross-border tax evasion and money laundering.
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Nugent, David A. "Legislating Morality: The Effects Of Tax Law Complexity On Taxpayers Attitudes." Journal of Applied Business Research (JABR) 29, no. 5 (August 28, 2013): 1479. http://dx.doi.org/10.19030/jabr.v29i5.8029.
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This paper addresses the effects of tax law complexity on the behavior of taxpayers. A particular focus is the effect of tax law complexity on taxpayers perceptions of the morality of taking deductions that might be disallowed. The topic of taxpayer morality is addressed in terms of the broader concept of deterrence theory, which suggests that deterrence factors include formal punishment, informal social punishment and the guilt that would be felt if a behavior were perceived to be immoral. Tax law complexity may give rise to the perception that taking a questionable deduction would be socially acceptable tax avoidance rather than socially unacceptable tax evasion, and that taking a questionable deduction is morally acceptable. It is hypothesized that greater tax law complexity is associated with less perception that taking questionable deductions is immoral, and that less perception that taking questionable deductions is immoral is associated with greater inclination to take questionable deductions. Accordingly, it is hypothesized that greater tax law complexity is associated with greater inclination to take questionable deductions. The study entailed an experimental survey in which subjects evaluated hypothetical scenarios in which the opportunity existed to save taxes by taking a deduction that might be disallowed. ANOVA and Regression results were consistent with the hypotheses.
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Klemenčić, Irena, and Maja Klun. "Exchange of Information in Tax Matters." Hrvatska i komparativna javna uprava 22, no. 4 (December 30, 2022): 605–32. http://dx.doi.org/10.31297/hkju.22.4.5.
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Globalisation and cross-border movement of persons and capital have placed new challenges before national tax systems as well as international taxation. Over the past 20 years there has been an unprecedented development of exchange of information, a previously ancillary instrument which has developed into a widely accepted global means of fighting tax evasion. Exchange of information has evolved from an instrument of limited scope used for the implementation of tax treaty provisions to a sophisticated system of automatic information exchange encompassing a vast majority of countries, including infamous tax havens. The notions of tax secrecy and tax transparency have undergone a re-evaluation process, resulting in new global paradigms directed at unveiling previously secret transactions. Banking secrecy has been abolished even in countries with a strong tradition thereof. As some time has passed since the introduction of the latest global standard of the automatic exchange of information, this paper reflects on the most important aspects of exchange of information, regulated by tax treaties: the OECD’s CRS, EU’s DAC, and FATCA. Following a theoretical introduction, which provides a historical and comparative overview of information exchange instruments, the paper presents the practical results of the implementation. Findings of the evaluation of the instrument conducted by key international stakeholders are accompanied by available statistical information, depicting to what extent it has been helpful in preventing tax evasion in Croatia and Slovenia and in recovering lost public revenues. The paper results in identifying the shortcomings of national applications, based on best global practices and statistical data as well as providing tax authorities with recommendations for the improvement of exchanging information. As the system is still in a rather early stage of implementation, the paper presents the current tax administration involvement in exchanging information, which will enable further evaluations in future stages of implementation of the instrument.
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Schmidt, Peter Koerver. "Corporate Taxation and the International Challenge." Nordic Tax Journal 2014, no. 2 (November 1, 2014): 113–31. http://dx.doi.org/10.1515/ntaxj-2014-0021.
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Abstract It is argued th**at the higher degree of economic integration across borders and the international trend towards a reduction of corporate income tax rates have had a significant impact on the Danish corporate tax regime in recent years. Accordingly, during the last ten years the Danish statutory corporate tax rate has been lowered further, while several government actions at the same time have been taken in order to combat international tax avoidance and evasion. As a result, new anti-avoidance provisions have been introduced and some of the older anti-avoidance provisions have been tightened in order to prevent base erosion and profit shifting. Thus, to some extent Denmark has already tried to address a number of the key pressure areas mentioned in the recently published OECD BEPS report, such as international mismatches in entity and instrument characterization, the tax treatment of related party debt financing, transfer pricing and the effectiveness of anti-avoidance measures. However, the article concludes that these anti-avoidance provisions often suffer from being quite complex, very broad in scope and open to criticism from an EU law perspective.
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OLEYNIKOVA, Liudmyla, and Inna DOLZHENKO. "Improvement of tax control in Ukraine on the basis of implementing BEPS plan tools and automatic information exchange." Naukovi pratsi NDFI 2020, no. 3 (December 4, 2020): 79–94. http://dx.doi.org/10.33763/npndfi2020.03.079.
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The article is devoted to substantiating the need to develop and strengthening the competencies and capabilities of tax services to identify and stop tax evasion in the global economic space characterized by the use of aggressive tax planning schemes related to the taxation of cross-border companies. The aim of the article is to determine the procedures and consequences of the introduction in Ukraine of the standard of automatic exchange of information for tax purposes, the advantages of which are its potential to curb significant tax evasion offshore. Research methods: methods used in this research goes as following: comparative analysis, systematic analysis, cognitive-analytical, data base analysis etc. It is established that the exchange of information between the tax authorities of different countries is the most important among the international instruments to combat cross-border tax evasion schemes, and the main international tool for cooperation in overcoming the asymmetry of tax information is the introduction of a standard for automatic exchange of information for tax purposes. Emphasis is placed on the parameters set by the CRS standard for the identification and exchange of information and the steps that need to be taken to implement it in Ukraine. Research methods: methods used in this research goes as following: comparative analysis, systematic analysis, cognitive-analytical, data base analysis etc. Author arrives at the conclusion that the dates of establishment of the automatic taxation and financial information exchange system in Ukraine (in accordance with CRS standards) are not being followed sufficiently. In this paper author discusses the importance of systematic and methodological establishment of the automatic taxation and financial information exchange system in Ukraine (in accordance with CRS standards) as well as suggests the methods that would efficiently speed up the process of law enforcement project development in Ukraine as well as other normative acts.
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Llarena, Zharama. "The Statutory Development for Criminal Responsibility based on International Trade Law of Aggressive Tax under Travaux Preparatoires: A Case Report of Joe Cinque." American Journal of Law 5, no. 2 (October 26, 2023): 43–52. http://dx.doi.org/10.47672/ajl.1626.
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Purpose: Taxes are responsibilities of a company to comply with the goals of sustainable development. Corporate Code of Conduct must exercise tax compliance and avoid tax evasion as source of criminal liability. This paper aims to develop tax avoidance based on statutory interpretation concerning Hague Convention as its extrinsic material to extend the legal principle of travaux preparatoires. Hence, UNCITRAL legal modelling framework is utilized to make commercial transactions universal to trade law, for addressing legal gaps in marketing behavior of taxation system involving intellectual property of product design. Thus, this statutory interpretation intends to resolve issues for the lack of legal measures in protecting public safety resulting to increase in domestic violence proportional to massive terrorism serving as a question in deontology.
Methodology: Tax aggressiveness is the obligation of the company to provide revenue distribution to public sector. Unlawful behavior on tax aggressiveness is known as tax evasion while tax avoidance is not a violation and serves as a loophole to the taxation system. UNCITRAL model law is a legal arbitration concept of making “commercial” expand to other comparable jurisdiction of international trade. Hague Convention drafted travaux preparatoires to conceptualize a legal framework of making the commercial transactions universal to other extended territories in terms of international trade law.
Findings: Corporate Governance is a systematic design of stakeholders and their corporate social responsibility to advocate sustainable development. Therefore, in terms of tax avoidance, the strict liability of the company must be addressed with constitutional issues and commercial responsibilities of selling its product design with elemental performance of domestic violence under Contracts for the International Sale of Goods (CISG) of United Nations Convention. The statutory interpretation for tax avoidance serves as a developed measurement to allocate funds, from sources of criminal actions, since deviation of tax avoidance would result to illegal diversions as criminal offenses from tax avoidance, for promotion of public welfare and safety in public sector, as well as in police enforcement of constitutional right.
Recommendation: Corporate social responsibility must be observed as fulfillment of business ethics’ goals of financial intelligence to sustainable development of Corporate Governance. Thus, it is suggested for advocacy of artificial intelligence adoption as authorless works for promoting intellectual property as a constitutional right.
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Kahlenberg, Christian. "Hybrid Entities: Problems Arising from the Attribution of Income Through Withholding Tax Relief Can Specific Domestic Provisions be a Suitable Solution Concept?" Intertax 44, Issue 2 (February 1, 2016): 146–62. http://dx.doi.org/10.54648/taxi2016010.
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The steadily increasing globalization of markets creates an immediate need to make adjustments to international tax law. At the same time, the lack of harmonization among national regulations fosters aspirations to achieve international tax arbitrage. In recent years, hybrid entity structures have been mentioned as effective means of tax avoidance or tax evasion. To respond to this development in a coordinated way, the BEPS project was initiated, and the OECD was put in charge to design viable solutions for a total of fifteen trouble spots that had been identified. The goal was to make sure that all states would act in sync. Recently – on October 5th – the final reports were published. Within the scope of Action 2, the particular focus is on hybrid entity structures. The present article uses the current developments at OECD level as an opportunity to scrutinize the addressed regulation for hybrid structures and to point out remaining loopholes. Subsequently, potential solutions are presented which also anticipate the risk of the treaty shopping.
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BOWN, CHAD P., and PETROS C. MAVROIDIS. "WTO Case Law 2016." World Trade Review 17, no. 2 (April 2018): 191–94. http://dx.doi.org/10.1017/s147474561700060x.
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The WTO adjudicating bodies faced some very tough questions in 2016: the status of non-market economies, the consistency of policies aiming to address tax evasion with the WTO, and the clash between environment and trade policies were all on the menu. Old issues, like the consistency of zeroing, resurfaced as well, albeit with a twist this time, since the Appellate Body (AB) had to address the question whether zeroing is consistent with the WTO when practiced in the realm of a methodology that was so far untested.
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Darmanti, Riska Marlinda, and Darmawan Mangkan. "THE IMPLEMENTATION OF AUTOMATIC EXCHANGE OF INFORMATION AS A TOOL TO TACKLE OFFSHORE TAX EVASION: AN EXPERIENCE FROM INDONESIA." Scientax 2, no. 1 (October 23, 2020): 100–122. http://dx.doi.org/10.52869/st.v2i1.61.
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Cross-border tax evasion has been a central issue in international taxation in recent years. The use of Offshore Financial Centres (OFCs) and low tax jurisdictions to facilitate the wealth of high net worth individuals has led to offshore tax evasion and has eroded the tax bases of countries. Meanwhile, international tax cooperation is emerging with the aim of enhancing tax transparency. One way to reach tax transparency is with the implementation of the exchange of information for tax purposes. The tax authorities have already implemented the exchange of information on request; however, this method is ineffective to fight against offshore tax evasion. The tax authorities must already obtain the evidence of their suspicion over the taxpayers; otherwise, their request may be denied as a ‘fishing expedition’. The demand for offshore financial information is obvious since it will enable tax authorities to oversee the level of offshore tax compliance. This study considers the importance of the Automatic Exchange of Information (AEOI) as a tool to access the resident’s financial information of residents who kept their financial assets in other jurisdictions with a case study in Indonesia. The financial information from other jurisdictions is fundamental for Indonesia because it can be used for analysis and law enforcement of taxpayers, especially those who previously saved money abroad and have not reported or paid the correct amount of tax. This paper recognizes that despite the benefits of the AEOI, the implementation of the AEOI in Indonesia is still facing challenges, although it has been two years since its first implementation. This study will follow a qualitative methodological approach with a detailed literature review and real experience in Indonesia. Finally, this article explores the current stage of implementing the AEOI in Indonesia and the challenges faced by Indonesia with some proposed solutions for the Directorate General of Taxes for the effective implementation of the AEOI in Indonesia.
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Llarena, Zharama. "UNCITRAL Model Law Development of Arbitration Framework for EPC Disclosure of Travaux Preparatoires using Political Expediency of Tax Planning." International Journal of Engineering, Business and Management 6, no. 6 (2022): 25–29. http://dx.doi.org/10.22161/ijebm.6.6.4.
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Corporate Governance is a conceptual framework of business designs intended to illustrate the various activities of a company towards fulfilling its profit goals as private stakeholder and contributing to public interests for social obligation of sustainable development. Disclosure of corporate social responsibility is the central mechanism of corporate governance. Based on stakeholder theory, corporate governance strongly influences corporate social responsibility disclosure to enhance the relationship of stakeholders and its business community. Tax aggressiveness is utilized by board director and its members to lessen tax contribution which is contrary to the government sector goals of maximizing tax impositions for public welfare and safety. Unlawful behavior on tax aggressiveness is known as tax evasion while tax avoidance is not a violation and serves as a loophole to the taxation system. UNCITRAL model law is a legal arbitration concept of making “commercial” expand to other comparable jurisdiction of international trade. The European Patent Commission is the legal authority that delineates medical policies from patented products. Travaux preparatoires is a design practice within legal context of restricted jurisdiction for commercial exercise of strict liability. This paper aims to develop arbitration framework based on stakeholder theory of corporate governance to explain the correlation of tax planning with patented products and medical processes involving therapeutic, surgical, and veterinary policies. Therefore, tax evasion is not apparent criminal behavior and tax planning on medical policies and patented drugs must have a separate strategic means of increasing monetary success for tax avoidance to be clearly managed by the company.
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Llarena, Zharama. "Organized Corporate Crimes using UNCITRAL Arbitration Framework Development for EPC Disclosure concerning Epistemic Corruption and Pharmaceutical Fraud of Off-label Medicines as Health Regulation and Policy." International Journal of Communication and Public Relation 8, no. 1 (February 27, 2023): 40–55. http://dx.doi.org/10.47604/ijcpr.1787.
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Purpose: Corporate Governance is a conceptual framework of business designs intended to illustrate the various activities of a company towards fulfilling its profit goals as private stakeholder and contributing to public interests for social obligation of sustainable development. Disclosure of corporate social responsibility is the central mechanism of corporate governance.
Methodology: Based on stakeholder theory, corporate governance strongly influences corporate social responsibility disclosure to enhance the relationship of stakeholders and its business community.
Findings: Tax aggressiveness is utilized by board director and its members to lessen tax contribution which is contrary to the government sector goals of maximizing tax impositions for public welfare and safety. Unlawful behavior on tax aggressiveness is known as tax evasion while tax avoidance is not a violation and serves as a loophole to the taxation system, although corporate fraud is apparent in off-label medicines. UNCITRAL model law is a legal arbitration concept of making “commercial” expand to other comparable jurisdiction of international trade. The European Patent Commission is the legal authority that delineates medical policies from patented products.
Unique Contribution to Theory, Practice and Policy: This paper aims to develop arbitration framework based on stakeholder theory of corporate governance to separate tax evasion from tax avoidance as organized crime sourcing treatment of policies and engineer tax planning to divide intellectual property of product design with corporate fraud concerning off-label medicines. Therefore, tax evasion and corporate fraud are business crimes in pharmaceutical industries needed to be clearly managed by institutional healthcare companies for promoting economic success.
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Blizkovsky, Petr. "G20 Economic Coordination and the Rule of Law: A Case of Taxation." European Business Law Review 28, Issue 3 (June 1, 2017): 271–82. http://dx.doi.org/10.54648/eulr2017017.
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The G20 has emerged as a key informal forum of global economic governance after the economic crisis of 2008. The paper argues that the rule of law aspect of the G20 economic policy coordination is a limited one. It is mainly due to the fact that the economic policy coordination, such as macroeconomic, monetary or financial services, focuses primarily at the target of public good rather than at the rule of law. Emergence of a tax evasion coordination at G20 level creates a specific case of economic policy coordination. It targets multilateral coordination of taxation – a policy which is subject to national sovereignty. The paper analyses the rule of law impact of the tax policy guidance of G20 for the G20 members and others, through the channels of existing international organisations and beyond.
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Dourado, Ana Paula. "Aggressive Tax Planning in EU Law and in the Light of BEPS: The EC Recommendation on Aggressive Tax Planning and BEPS Actions 2 and 6." Intertax 43, Issue 1 (January 1, 2015): 42–57. http://dx.doi.org/10.54648/taxi2015004.
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The purpose of this article is to critically assess the meaning of aggressive tax planning and its scope in the current international move to fight against base erosion and profit shifting (BEPS). In the context of the BEPS initiative, aggressive tax planning has been broadly used in several Organization for Economic Cooperation and Development (OECD) and EU soft law instruments. However, it is not clear what new features aggressive tax planning does bring to the settled legal concepts of tax avoidance and tax evasion, and whether it is a legal or merely a tax policy concept. In order to find the meaning of aggressive tax planning in the BEPS context, some of the recommendations put forward in BEPS actions 2 and 6 and in the EC Recommendation on Aggressive Tax planning are analysed and compared in this article. The article also aims to illustrate some of the reciprocal influences and interaction between EU law and OECD recommendations and tax treaties. For example, the EC Recommendation on ATP, proposing the introduction of a General Anti-Abuse Rules (GAAR) in the Member States' legislation, and the BEPS Action 6 proposal to introduce a GAAR (a Principal Purposes Test Rule or PPT Rule) in tax treaties illustrate the same spirit and a holistic approach. Moreover, a PPT Rule in tax treaties concluded by EU Member States will have to be compatible with the EU fundamental freedoms and the principle of abuse in EU law. The GAAR amending the EU Parent-Subsidiary Directive and approved by the Economic and Financial Affairs Council (ECOFIN) on 9 December 2014 illustrates how EU Member States could introduce a GAAR in their treaties compatible with EU law. These reciprocal influences among domestic, international and EU law and practices lead to an acquis communautaire and to international standards which may be justified as products of global identity and related to a global sense of fairness and unfairness and ultimately of a global tax morale calling for global solutions and global tax standards.
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Lipniewicz, Rafał. "Article: Split Payment Mechanism as a VAT Collection Method: Evidence from Poland." EC Tax Review 31, Issue 4 (June 1, 2022): 219–30. http://dx.doi.org/10.54648/ecta2022021.
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In recent years, there has been a significant increase in the activity of states and international organizations (Organization for Economic Co-operation and Development (OECD), EU) when it comes to solutions that prevent tax frauds and limit tax evasion. The split payment is one of the mechanisms in the field of value added tax. In the European Union, this solution is still used to an extremely limited extent, in only a few Member States. This article analyses the effects of a big-scale implementation of the Split Payment Mechanism in Poland from the perspective of application of tax principles (primarily in the form of reducing the Value Added Tax (VAT) gap) as well as the compliance costs to this model of settling the value added tax. The aim of this article is to ascertain whether the split payment (SP) Mechanism is an effective tool to counteract VAT fraud and whether it can be recommended as a systemic tax solution in the European Union. EU VAT system, split payment, VAT Collection, Tax gap, VAT fraud, Poland, European Commission, bank transfers, VAT account, financial liquidity.
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Ponomareva, E. A. "The acts of the EU tax law and double tax treaties: the problems of correlation in establishing anti-tax avoidance rules." Law Enforcement Review 5, no. 4 (January 6, 2022): 175–86. http://dx.doi.org/10.52468/2542-1514.2021.5(4).175-186.
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The subject. The specifics of the functioning of tax systems and the risk of double taxation require a solution to the issue of whether tax competence can remain only at the national level. Modern cross-border tax relations operate within a multi-level system of legal regulation based on the norms of international, supranational and national lawThe difficulties of correlating these levels are rooted in the fact that, in accordance with international law, each State has the right to tax persons or transactions with which it has a sufficient connection. Different situations may occur when both countries believe that the taxpayer is their resident, or when each of them claims that the income was received in this state. States solve this problem both unilaterally with the help of national legislation, and on a bilateral basis with the help of a double tax treaty.With the adoption of the Action Plan aimed at combating the erosion of the tax base and the withdrawal of profits (hereinafter referred to as the BEPS plan) and the EU Council Directive 2016/1164 (ATAD), tax strategies for using gaps and inconsistencies in tax rules to artificially transfer profits to low-tax jurisdictions were limited.Purpose of the study. The article discusses possible scenarios arising from the interaction of tax agreements and acts of EU tax law. It is necessary to take into account the obligation of the Member States to eliminate inconsistencies between acts of national legislation and acts of EU law. Member States have committed to achieve this goal at the time of EU accession and, therefore, before the adoption of any secondary EU law.Methodology. The research was carried out with the application of the formally legal interpretation of legal acts as well as the comparative analysis of international and European legal literature. Structural and systemic methods are also the basis of the research.The main results. Due to the clear coordination between the European Union and the OECD of actions in terms of establishing common measures to combat tax evasion and focusing on the subjective element of assessing potential abuse situations, a new standard for combating tax evasion has been established.Сonclusions. The author comes to the conclusion that the priority of the EU law over DTTs has been established. However, Member States retain the right to establish their own tax regimes and enter into tax treaties, thereby creating conflicts in legal regulation. In order to be directly applicable, the norm of the treaty must be clearly and definitely formulated, as well as be unconditional and independent of any national implementation measures.National legislation provides measures to eliminate the legal multiple taxation only for its residents. On the other hand, with respect to tax agreements concluded with third countries, the predominance of one system over another depends on the specific scenario, and in some cases the result achieved is the result of interpretation of existing provisions. In particular, tax treaties should prevail only when concluded before a state joins the EU.
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Hauptman, Lidija, Berislav Žmuk, and Nikolina Dečman. "Tax governance in compliance: The role of motivational postures and behavioral intentions." Problems and Perspectives in Management 22, no. 1 (March 7, 2024): 500–513. http://dx.doi.org/10.21511/ppm.22(1).2024.40.
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Governments are working toward cultivating a culture of tax compliance, recognizing that taxpayers exhibit diverse motivations for fulfilling their tax obligations, resulting in varying levels of reported tax compliance. This paper aims to investigate behavioral intentions with a specific focus on resistance-cooperation motivational postures and their link with tax compliance (voluntary and enforced) and tax evasion between Slovene taxpayers (n = 390). Inter-item correlations next to descriptive statistical methods were calculated using the PLS-SEM approach to explore the motivational postures, tax compliance, and tax evasion characteristics. The survey has shown that most surveyed Slovene taxpayers tend to agree with motivational postures, voluntary tax compliance, and enforced tax compliance statements. The results indicate that motivational posture deference has positive links with both voluntary tax compliance (r = 0.692, p < 0.001) and enforced tax compliance (r = 0.253, p < 0.001), but a negative link with the attitude toward tax evasion (r = –0.404, p < 0.001). Conversely, motivational posture defiance exhibits a negative link with voluntary tax compliance (r = –0.149, p = 0.006) and a positive link with the attitude toward tax evasion (r = 0.229, p < 0.001). The link between defiance and enforced tax compliance is not statistically significant (r = 0.068, p = 0.379). The results indicate that tax authorities should avoid adopting an antagonistic climate and instead focus on fostering positive tax climates, specifically the service and confidence climates, when implementing tax communication strategies with taxpayers.
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SOLOMINA, Hanna, Mariia ROZHENKO, and Anastasiia VOVCHENKO. "Legal regulation of the financial sector in the minds of European integration." Economics. Finances. Law 4/2024, no. - (April 30, 2024): 49–53. http://dx.doi.org/10.37634/efp.2024.4.10.
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The paper shows that under the conditions of Ukraine's association with the European Union, the following institutions of financial law are subject to significant transformations: budget law - the development of the medium-term budget planning system, the refusal of the annual adoption of the Laws of Ukraine "On the State Budget", tax law - the common VAT system; gradual approximation of excise tax rates on tobacco products to the corresponding EU rates; bringing the classification of alcoholic beverages and the list of excise goods into compliance with EU requirements through the inclusion of electricity and natural gas, coal and coke (for heating and electricity generation) in the list of goods; legal regulation of financial control - implementation of standards and methods of the International Organization of Higher Financial Control Bodies INTOSAI, harmonization of state internal control with international standards of the Institute of Internal Auditors, the International Federation of Accountants, etc.; the legal basis of public expenditures and budget financing - the spread of program-targeted approaches in the budget process and the analysis of the efficiency and effectiveness of the implementation of budget programs. It has been proven that for the implementation of European legislation, Ukraine needs to carry out a number of reforms, including civil service reform; reform of anti-corruption legislation; deregulation reform; budget and tax reform, introduction of electronic tax administration. Important positive consequences should be expected from joint measures in the field of combating tax evasion, tax fraud, as well as the use of new methods of investigation of tax crimes, etc.
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Ribes, Aurora. "Tax Residence and the Mobility of Companies in the European Union: The Desirable Harmonization of the Tax Connecting Factors." Intertax 40, Issue 11 (November 1, 2012): 606–15. http://dx.doi.org/10.54648/taxi2012062.
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This article emphasizes the problems caused by the lack of harmonization of the connecting factors in order to determine the fiscal residence of companies. In practice, the current discussion on application of the freedom of establishment for companies has focused on the transfer of their seat within the EU. But no unifying or harmonizing measures has yet been adopted at the European level. This absence of regulation enables EU Member States to establish their own criteria, which obviously may vary depending on each national legal system. In our view, notwithstanding the existing case law, the intervention of the European legislator is required in order to solve either the tax evasion, or the international double taxation that could arise from a corporate mobility situation. Undoubtedly, tax harmonization of the connecting factors would improve the economic integration in the EU, without significant interference in the fiscal sovereignty of the Member States.
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Yeoh, Peter. "Secrecy in Teflon international financial centres." International Journal of Law and Management 60, no. 3 (May 14, 2018): 777–97. http://dx.doi.org/10.1108/ijlma-03-2017-0060.
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Purpose This paper aims to examine tax leakages in secrecy financial centres. Design/methodology/approach This qualitative study relies on primary data from relevant statutes and secondary data from the public domain and in particular academic sources. The study makes concurrent use of the case study approach. Findings The study reinforces existing suggestions that tax evasion is significantly widespread from advanced to emerging economies. It also suggests serious enforcement difficulties because of light-touch surveillance among competing tax havens and financial professionals. Further, while relevant laws are in place to deal with illicit activities, enhanced transparency is needed to quell the problem and, in this instance, public access to beneficial owner data such as exemplified by UK’s public registry approach. The US Foreign Account Tax Compliance Act is proving to be effective, and similar expectations are raised for the equivalent the Organisation for Economic Co-Operation and Development initiative from 2017 onwards. Research limitations/implications The paper is constrained with the general limitations associated with qualitative studies. These are, however, mitigated by triangulations of perspectives and so on. Practical implications The findings have implications for policymakers and the business community. Social implications The findings could help to narrow inequality gaps between and within economies. Originality/value The paper combines insights from high-profile cases with those from academic sources. The analysis is also undertaken from the combined perspectives of law, economics and accounting. It also focuses in secrecy issues in both offshore and onshore financial centres.
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Pasternak-Malicka, Monika. "Scale of Tax Frauds as A Threat to the State's Financial Security." WSEAS TRANSACTIONS ON BUSINESS AND ECONOMICS 18 (January 5, 2021): 190–98. http://dx.doi.org/10.37394/23207.2021.18.20.
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The objective of the paper is an attempt to assess the impact of the scale of tax frauds on thefinancial security of the state. In the paper one tried to assess the relationship between the level ofinformal economy and the fiscal income of the state, but also, based on the survey research, to indicatewhether unethical attitudes of taxpayers meet with social consent and constitute an incentive to bypassthe tax law. Methodology: Achieving the goal required the use of descriptive and statistical methods,in particular the linear regression method. The direct method - questionnaire was also applied. Results:In the paper the essence of the informal economy in the years 1994-2018, as well as the ethicaldeterminants of tax evasion in the light of the author's own research from 2007-2020 were discussed.Based on statistical data, an attempt was made to assess the impact of the informal economy,understood as evasion of fiscal obligations, on tax revenues in Poland, based on the linear regressionmethod. The scope of the phenomenon of tax pathology as the basic element of the shadow economyand its impact on the level of tax income seems to be confirmed by the relationship shown by themethod of estimating the expected value - variable, which showed that the shadow economy,calculated according to F. Schneider's estimates, was a factor in 94% determining the level of taxrevenues in the years 2000-2017.
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Chiarini, Bruno, Elisabetta Marzano, and Friedrich Schneider. "Tax rates and tax evasion: an empirical analysis of the long-run aspects in Italy." European Journal of Law and Economics 35, no. 2 (April 23, 2011): 273–93. http://dx.doi.org/10.1007/s10657-011-9247-6.
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Immi Ira Monalisa Saragih. "The Needs of Money Laundering and Tax Evasion Crimes Prevention in the Asean Community." International Journal of Scientific Multidisciplinary Research 1, no. 5 (June 30, 2023): 471–84. http://dx.doi.org/10.55927/ijsmr.v1i5.4619.
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One of the visions and missions of the ASEAN Community is the effort in improving economic, trade and investment cooperation. However it is not uncommon for business doers to double also as a money launderer who intentionally invest the money they get from criminal activities and hiding the illicit money by disguising it into the financial or trading systems, or depositing the money in the banks in ASEAN member countries. Concealing and saving moneys in other countries to make it harder for the law enforcers to trace the origin of the money may be considered an international crime of money laundry. In view of the circumstances of the financial crimes, especially the money laundering and tax evasion, this issue needs to be discussed, addressed and taken into consideration by the ASEAN member countries in order to find solutions for the prevention and eradication of money laundering, corruption and tax evasion crimes among the ASEAN member countries to welcome the ASEAN Community 2025
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Víghová, Agneša. "Detection of tax evasion using tax audits in the Slovak Republic." Entrepreneurship and Sustainability Issues 10, no. 1 (September 30, 2022): 214–25. http://dx.doi.org/10.9770/jesi.2022.10.1(11).
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Radić, Irena. "Countering unacceptable tax avoidance through general anti-avoidance rule in EU tax law." Zbornik radova Pravnog fakulteta Nis 60, no. 92 (2021): 227–58. http://dx.doi.org/10.5937/zrpfn0-29165.
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One of the greatest challenges modern states are faced with is finding a way to tackle unacceptable tax avoidance, especially aggressive tax planning schemes and the use of the so-called tax heavens. In this process, many states adopt a general anti-avoidance rule that allows for tax administration to deny tax benefits realized through the use of abusive tax arrangements, which are in accordance with the letters of the law but circumvent its purpose. At the EU level, Article 6 of the Directive 2016/1164 (Anti-Tax-Avoidance Directive, ATAD), laying down rules against tax avoidance practices that directly affect the functioning of the internal market, contains the general anti-avoidance rule (GAAR). This paper aims to analyze the ATAD's GAAR and related case law of the European Court of Justice in tax avoidance cases in the context of abuse of EU law. In the first section, the author defines tax avoidance and tax evasion in order to clearly distinguish the two terms, and explains the need for the GAAR. The second part presents the elements of the GAAR and the consequences of its application. The third section addresses the issue of legal certainty in applying the GAAR. As one of the prerequisites for tackling the unacceptable tax avoidance and aggressive tax planning is enhanced cooperation of tax administrations and greater transparency of tax information, the author analyzes the 2011 Directive on administrative cooperation in tax matters (DAC) and its numerous amendments. Finally, we present perspectives on the harmonization of direct taxes and depict a potential global solution to reform the outdated international corporate tax system, with action on the reallocation of taxing rights and minimum effective taxation.
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Dwi Nugroho, Adrianto. "Central Register as a Model Instrument to Unveil Beneficial Owners for Tax Purposes." EC Tax Review 26, Issue 5 (September 1, 2017): 274–83. http://dx.doi.org/10.54648/ecta2017029.
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This article proposes the use of Central Register of Beneficial Owners (CRB) laid down in the Fourth Anti-Money Laundering Directive (4AMLD) as a model instrument towards identifying beneficial ownership in international tax law. Although the OECD affirmed in 2014 that the term ‘beneficial owner’ ‘must be distinguished from the different meaning … in the context of other instruments’, the inclusion of tax evasion as a crime covered by the 4AMLD renders the CRB valuable in solving tax treaty cases on beneficial ownership. Purposively, the use of CRB greatly supports the EU tax transparency agenda, which requires the Member States actively engaged in Exchange of Information (EoI) cooperation. The effectiveness of EoI is ensured by, among others, the accurateness of information stored in each Member States. The CRB also calls for protection of taxpayers data, as access to it can only be granted to parties with legitimate interests, and must accord with the secondary laws on data protection. The coherence of these policies strongly supports for wider and optimized use of CRB in the future.
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CHUKHRAIEVA, Nataliia, and Yana OLIYNYK. "Automatic international exchange of tax information: features of the preliminary conditions of implementation in Ukraine during the wartime." Fìnansi Ukraïni 2022, no. 5 (July 8, 2022): 102–14. http://dx.doi.org/10.33763/finukr2022.05.102.
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Introduction. The main trend in the international tax cooperation is to create institutional conditions to enhance the transparency of the ?nancial ?ows of multinational enterprises for tax administrations and to provide them with relevant information to assess and examine transfer pricing risks. The OECD provides governments with model legislation in the context of this issue, which brings to the fore the issue of its implementation to make the international exchange of tax information work automatically. Problem Statement. To determine the status of implementation of the OECD recommendations on substantial prerequisites for the automatic exchange of international tax information in Ukraine, in particular the peculiarities of their implementation in the martial law period. Purpose. To analyze approaches in the sphere of international exchange of information for tax purposes and to evaluate the status of implementation of substantial preconditions for the introduction of country by country reporting of the international group of companies. Methods. The comparative analysis of the national tax legislation and OECD recommendations regulating the aspects of creation of substantial preconditions for automatic international exchange of tax information was carried out. Results. The list is highlighted and the essence of essential preconditions for countries to obtain access to the international exchange of tax information is revealed. The level of implementation of the stages of introduction of country by country reporting of the international group of companies in Ukraine has been analyzed with the focus on the creation of the appropriate institutional conditions for the implementation of OECD recommendations. According to the results of the research, it has been proved that further steps of formation of the mentioned prerequisites in the country are regulation of con?dentiality aspects of tax information, which is the subject of international automatic exchange, which should correspond to the international approaches with an emphasis on the changes, caused by the introduction of martial law. Conclusions. Having joined the OECD Enhanced Cooperation Programme and committed to implementing the BEPS Action Plan, Ukraine is incorporated into the global tax regulatory framework. After the stage of drafting and approving legislative norms, creation of essential preconditions for obtaining and access to the international exchange of tax information, the next step is to ensure its confidentiality. In this process, it is important to protect the national interests and national security of Ukraine of income and property and prevention of tax evasion.
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McGee, Robert W. "Three Views on the Ethics of Tax Evasion." Journal of Business Ethics 67, no. 1 (July 15, 2006): 15–35. http://dx.doi.org/10.1007/s10551-006-9002-z.
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Avi, Maria Silvia. "Materiality and Relevance in Financial Reporting. Interpretation Problems and Solutions Adopted Internationally." International Journal of Accounting and Finance Studies 5, no. 2 (June 22, 2022): p1. http://dx.doi.org/10.22158/ijafs.v5n2p1.
Full textAbstract:
The concepts of relevance and materiality have, for decades now, been the subject of in-depth study by both doctrine and the bodies whose task it is to issue accounting standards. The aforementioned terms have different meanings in the various countries, although, in general, the difference in interpretation is only a nuance of concept that is often difficult even to identify. When moving from international standards to national standards issued by organisations within individual countries, translation issues can be identified that lead to the use of terms other than relevance and materiality but which, when reading the documents, essentially refer to those standards. As will be seen in the following pages, in Italy these concepts, although identified by different terms than relevance and materiality, have also been adopted by the criminal law concerning evasion and accounting. These concepts therefore transcend the issue of financial reporting to affect both auditing principles and the position of the judiciary, which, applying current legislation, appeals to the tenuity of the fact to reduce or cancel penalties connected with tax offences such as evasion of value added tax.