Tools used by countries to counteract aggressive tax planning in light of transparency

Resource Information

The work Tools used by countries to counteract aggressive tax planning in light of transparency represents a distinct intellectual or artistic creation found in International Bureau of Fiscal Documentation. This resource is a combination of several types including: Work, Language Material, Continuing Resources.

Label

Tools used by countries to counteract aggressive tax planning in light of transparency

Creator

• Schoueri, L.E
• West, C
• Mosquera Valderrama, I.J
• Quiñones, N
• Zimmer, F
• Pistone, P
• Mazz, A

Subject

• tax authorities
• aggressive tax planning
• taxpayer rights
• GAAR
• cooperative compliance

Language

eng

Summary

The article provides an overview of the domestic anti-avoidance rules with specific reference to Brazil, Colombia, South Africa and Uruguay to evaluate the application of these rules to tackle aggressive tax planning. Secondly, it assesses whether or not the application of general anti-avoidance rules (GAARs) in these countries is consistent and clear (transparent) for the taxpayer. The main argument is that to tackle aggressive tax planning, countries should have GAARs in accordance with the standard of fiscal transparency as developed in this article (i.e. availability, clarity, simplicity and reliability). Furthermore, the relationship between the taxpayer and tax administration should be enhanced considering mutual trust, legitimate expectations and respect for the taxpayers' rights. This article provides recommendations to enhance the relationship between tax administration and taxpayers to facilitate a coordinated relationship. Such a coordinated relationship means, on the one hand, that the governments (tax administrations) are provided access to the information regarding the activities of the taxpayer; and, on the other hand, that taxpayers voluntarily disclose the structure and nature of the economic activities or businesses in the country

Citation source

In: Intertax. - Alphen aan den Rijn. - Vol. 46 (2018), no. 2 ; p. 140-155

Geographic coverage

• South America
• Africa

Language note

English