Profit Shifting & Controlled Foreign Corporation Rules the Thin Bridge between Corporate Tax Systems

2018 ◽  
Author(s):  
Axel Prettl
2022 ◽  
pp. 161-192
Author(s):  
Cristina Raluca Gh. Popescu ◽  
Jarmila Duháček Šebestová

The COVID-19 pandemic and COVID-19 crisis represent impressive motivating forces for advancement, change, evolution, and improvement at a global level. The study focuses on the OECD latest developments in international tax reform work on base erosion and profit shifting (BEPS) in the courageous attempt to promote novel global initiatives for responsible tax and to support ambitious global actions for responsible tax principles. The results show the need to establish fiscally responsible businesses as a result of COVID-19 pandemic shock, thus taking back control of countries' tax systems by putting an end to corporate tax evasion and tax havens. The findings address the importance of being in line with tax principles, encouraging responsible financial transactions and behaviors.


Significance The rulings come as the EU advances legislation to increase transparency on corporate tax rulings and after the G20 on October 9 endorsed the new OECD Base Erosion and Profit Shifting (BEPS) framework for countering corporate tax avoidance. Impacts These EU rulings suggest similar decisions are imminent involving Apple in Ireland and Amazon in Luxembourg. The rulings will inspire further challenges to similar arrangements; they are the major threat to similar policies. Most BEPS measures will require changes to bilateral tax treaties and could face national-level delays or rejections. Monitoring of BEPS implementation will commence, but compliance will be voluntary and thus limited.


2017 ◽  
Vol 3 (2) ◽  
Author(s):  
Lakshana Radhakrishnan

Tax competitive policies can be effective in cases of a collaborated cross-border effort with international consensus on minimum thresholds and mechanisms for cross-country cooperation. However, aggressive uncoordinated tax competitiveness destroys value and shrinks the growth and prosperity of the industry. Hence, there is a need for tax certainty and common standards in international transfer pricing. The OECD has provided a framework for countries to move towards universal tax regimes that have common tax policies and coordinated implementation systems. This paper highlights the issue of AMP (advertising, marketing and promotion) costs in transfer pricing and seeks to establish the need for coordination among national tax systems. Ensuring consistency among the tax policies of the world’s nations is important for preventing instances of BEPS (base erosion and profit shifting) that are the products of the gaps between elaborately drafted and extremely complicated tax legislations. Creation of universal tax principles and their effective implementation is the only solution to this problem.


2009 ◽  
Vol 58 (1) ◽  
pp. 93-126
Author(s):  
Dominik Rumpf

Abstract This paper investigates the impact of an Allowance for Corporate Equity (ACE) on the expected tax revenues and on the international tax competition. Beginning with an analysis of the relation between the rate of return on equity and the interest rate on the capital market, this paper figures out some effects which cause surprisingly low net assets used to calculate the ACE. This yields to a strong impact on the financial structure of multicorporate enterprises although there is only a moderate decline in tax revenues. Focusing profit shifting via transfer prices, the ACE has no positive effect. Only a cut of the corporate tax rate is useful in this context. The relevance of these results is additionally affirmed by using the statistical data published by the “Deutsche Bundesbank”, the central bank of Germany, which includes an aggregated corporate balance sheet. All in all, the ACE can be seen as an alternative to the new German thin capitalization rules applied in 2008 (“Zinsschranke”). Additionally, the low tax revenue losses constitute a new advantage for the ACE as a blueprint for corporate tax reforms. This is also interesting because an ACE could reduce the negative effects on the financial structure of firms which accompanies the implementation of a low withholding tax on interests.


Author(s):  
Alex Cobham ◽  
Petr Janský

exy2Tax avoidance by multinational companies is the most widely recognised tax abuse, and also the most heavily researched aspect of illicit financial flows (IFF). This chapter provides a critical survey of the leading estimates, highlighting the range of methodological innovation and alternative data. While the global range of estimated revenue losses is wide (between around $200bn and $600bn a year), consistent findings include that it is only a handful of jurisdictions that benefit from profit shifting at the expense of all others; and that lower-income countries lose the highest share of current tax revenues. While there is no single, perfect estimate in the literature, it does point the way to a potential indicator for the UN target.


2021 ◽  
Vol 21 (23) ◽  
Author(s):  
Ruud A. Mooij ◽  
Li Liu

Thin capitalization rules (TCRs) aim to mitigate profit shifting by multinational corporations (MNCs) but, by raising the cost of capital for affected affiliates, can also negatively affect real investment. Exploiting unique panel data on multinational companies in 34 countries during 2006-2014, we estimate that the size of this adverse investment effect can be large, and dependent on the statutory corporate tax rate and the tightness of the safe-haven ratio. Negative investment effects are more pronounced for highly-levered firms for which TCRs are more likely to be binding.


2017 ◽  
Author(s):  
Rasmus Corlin Christensen

In the wake of the Great Recession, international corporate taxation has risen to the top of the global political agenda. With states seeking to shore up national fiscal systems, the OECD/G20 Base Erosion and Profit Shifting (BEPS) project has emerged as the key response in this regard. Among 15 action points, Action 13 on corporate tax transparency has been particularly prominent. By shaping the feasibility of corporate tax strategies and the information resources available to national tax authorities, the Action 13 policy recommendations will fundamentally reconfigure the context of corporate tax behaviour and global wealth chains, i.e. strategies and structures for wealth creation and protection in the global economy. How did these new critical rules come about? Unfortunately, little is known about the micro-level process, dynamics and actors of the BEPS project. This paper provides an original case study of the changing international tax system and the regulatory context of global wealth chains, based on an investigation of the professionals engaged in global tax reform. Drawing on observations, interviews and sequence analysis of professional careers, it studies the dynamics of the professional policy environment and identifies distinct career and knowledge trends. The paper shows that professional competition for prestige and knowledge played a central role in the complex, transnational policy process. Operating within a technical policy environment, far removed from high-level politics, professionals seeking to make their mark on new standards for corporate tax transparency mobilised expertise and network capital, shaping what could be discussed, the criteria for accepted arguments, and who was listened to in the policy process, thus critically affecting the final policy outcomes.


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