The overall aim of this article is to analyse the rights of corporations (mainly multinationals) when dealing with tax authorities in this new era of transparency and “fair share”. The article addresses two questions: First, what are the rights and obligations of corporations as taxpayers in these developments? Second, what should countries (including the tax authorities and judiciary thereof) do (i) to guarantee that the rules to implement exchange of information protect the confidentiality, privacy and participation of the taxpayer in the exchange and (ii) to guarantee that the rules to implement the BEPS Actions, as well as domestic and treaty anti-avoidance rules to tackle abusive and aggressive tax planning, are clear, easy to apply and reliable?
This article will address the international instruments and domestic measures introduced to tackle tax evasion, harmful tax practices and abusive and aggressive tax planning (section 2.), and some problems in the...
Show moreThe overall aim of this article is to analyse the rights of corporations (mainly multinationals) when dealing with tax authorities in this new era of transparency and “fair share”. The article addresses two questions: First, what are the rights and obligations of corporations as taxpayers in these developments? Second, what should countries (including the tax authorities and judiciary thereof) do (i) to guarantee that the rules to implement exchange of information protect the confidentiality, privacy and participation of the taxpayer in the exchange and (ii) to guarantee that the rules to implement the BEPS Actions, as well as domestic and treaty anti-avoidance rules to tackle abusive and aggressive tax planning, are clear, easy to apply and reliable?
This article will address the international instruments and domestic measures introduced to tackle tax evasion, harmful tax practices and abusive and aggressive tax planning (section 2.), and some problems in the application of these instruments and rules will be presented. Section 3. will first analyse the rights of a corporation to confidentiality and privacy, and the right to be notified, to be heard and to appeal against the exchange of information; the second part will analyse the rights of a corporation to certainty and transparency in terms of the availability, clarity, simplicity and reliability of tax rules. Finally, section. will provide some conclusions and recommendations.
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