UN handbook on tax avoidance includes new chapters on rents, royalties, GAAR
UN handbook on tax avoidance includes new chapters on rents, royalties, GAAR
The 796-page document is a compilation of articles written by leading thinkers in international tax. It is designed to be a reference source for developing nations that seek to broaden their tax baseThe tax base is a fundamental concept in taxation, representing the total amount of economic activity or assets upon which a tax is levied. It is the foundation upon which governments calculate the amount of tax owed, based on factors like income, property value, sales, or corporate profits. Understanding the tax base is essential for tax professionals, businesses, and policymakers,... and fight tax avoidanceTax avoidance refers to the practice of legally structuring financial activities to minimise tax liability, reducing the amount of tax owed without violating laws. Unlike tax evasion, which is illegal and involves concealing income or misreporting, tax avoidance operates within the framework of the law. Multinational enterprises (MNEs) and individuals often engage in tax planning strategies that reduce tax liabilities... by multinational groups operating in their countries. The handbook comments on the action items addressed in the 2015 OECDThe Organisation for Economic Co-operation and Development (OECD) is an international organisation comprising 38 member countries, established to foster economic growth, trade, and development on a global scale. Founded in 1961, the OECD provides a forum for governments to collaborate, share policy experiences, and develop solutions to common economic challenges. The OECD's core mission is to promote policies that improve.../G20 base erosion profit shiftingProfit Shifting is a strategic practice employed by multinational enterprises (MNEs) to reduce their global tax liability by shifting profits from high-tax jurisdictions to low- or no-tax jurisdictions. The primary method involves transferring income-generating activities, intangible assets, or other high-value components within the group to countries with favourable tax regimes. Profit Shifting is a critical concern for tax authorities and... (BEPSBEPS stands for "Base Erosion and Profit Shifting". BEPS refers to tax avoidance strategies used by multinational enterprises (MNEs) to exploit gaps and mismatches in the international tax system. By shifting profits from high-tax jurisdictions to low- or no-tax locations, MNEs reduce their overall tax burden, even if little to no economic activity occurs in the low-tax jurisdictions. These practices erode...) plan final reports that are of the greatest interest to developing nations and discusses other international tax topics of particular interest to these countries.
First released in 2015, the handbook has been updated to include two new chapters. A chapter on base-eroding payments of rent and royalties, written by University of Cambridge professor, Peter Harris, addresses the features of domestic income taxIncome Tax is a direct levy imposed by governments on the income generated by individuals, corporations, and other entities within a specific jurisdiction. It serves as a major source of revenue for governments and funds various public expenditures, such as infrastructure projects, healthcare, education, national security, and welfare programs. The tax is generally calculated as a percentage of the taxable...tax lawsTax laws form the backbone of any nation’s revenue system, setting the rules that govern how individuals and corporations contribute financially to support government functions. These laws define the types of taxes, the applicable rates, and the regulations regarding payment and compliance. They also outline the rights and obligations of taxpayers, ensuring a balanced and fair approach to funding public... and tax treaties that give rise to BEPSBEPS stands for "Base Erosion and Profit Shifting". BEPS refers to tax avoidance strategies used by multinational enterprises (MNEs) to exploit gaps and mismatches in the international tax system. By shifting profits from high-tax jurisdictions to low- or no-tax locations, MNEs reduce their overall tax burden, even if little to no economic activity occurs in the low-tax jurisdictions. These practices erode... risks in this context. He focuses particularly on rents and royalties giving rise to hybrid mismatches and BEPSBEPS stands for "Base Erosion and Profit Shifting". BEPS refers to tax avoidance strategies used by multinational enterprises (MNEs) to exploit gaps and mismatches in the international tax system. By shifting profits from high-tax jurisdictions to low- or no-tax locations, MNEs reduce their overall tax burden, even if little to no economic activity occurs in the low-tax jurisdictions. These practices erode... arising from the use of intermediariesTax intermediaries are entities or individuals who act as facilitators between taxpayers and tax authorities, assisting with various aspects of tax compliance, planning, and dispute resolution. Their role spans from offering advisory services, ensuring compliance with tax regulations, to supporting clients in filing tax returns and navigating complex tax legislation. These intermediaries often include tax advisors, consultants, lawyers, accountants, and... in third countries.
A new chapter on GAARs, written by Brian J. Arnold, a senior adviser with the Canadian Tax Foundation, discusses the fundamental tax policy considerations that countries should consider when designing and drafting a statutory GAAR and the major features of such legislation.
The other chapters have been updated to reflect feedback from UN Committee of Experts on International Cooperation in Tax Matters, international and regional organizations, and stakeholders, said the UN Financing for Development Office of the United Nations Department of Economic and Social Affairs, which produced the document
The handbook’s chapters are authored by Brian Arnold, Hugh Ault, Peter A. Barnes, Graeme S. Cooper, Wei Cui, Mr. Peter A. Harris, Jinyan Li, Adolfo Martín, Jiménez, Diane Ring and Eric Zolt.
The manual was largely funded by the government of Italy. Contributions were made by the Canadian Tax Foundation and the Canadian Branch of the International Fiscal Association.
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