Gadzo, Stjepan
International corporate tax regime post-BEPS a regulatory perspective / Stjepan Gadzo & Sime Jozipovic .-- , 2020
Resumen.
This article explores the recent attempts to overhaul the international tax regime from the regulatory perspective. The regulatory perspective is understood here as the capacity of the rules of international tax law to affect the behaviour of both corporate taxpayers in arranging their cross-border activities and the States in designing their CIT systems. The BEPS initiative serves as a prime example of how international tax law fulfils its regulatory function, by guiding the behaviour of both governments and taxpayers. Accordingly, the paper argues that the international corporate tax regime post-BEPS exhibits two sides of the same regulatory coin: on the one hand, taxpayers are disincentivized to resort to particular types of international tax planning; on the other, the incentives for individual States to engage in corporate tax competition are significantly reduced. It is further argued that the most far-reaching proposal in this area relates to 'global minimum tax', drawn under Pillar Two of the 'BEPS 2.0' initiative.
FISCALIDAD INTERNACIONAL
COMPETENCIA FISCAL NOCIVA
EROSIÓN DE LA BASE IMPONIBLE Y TRASLADO DE BENEFICIOS
PROGRAMAS
ELUSION FISCAL
EVASION FISCAL
CONTROL
SEGUNDO PILAR (OCDE)
Jozipovic, Sime
Intertax 0165-2826 v. 48, Issue 4, April 2020, p. 432-445
International corporate tax regime post-BEPS a regulatory perspective / Stjepan Gadzo & Sime Jozipovic .-- , 2020
Resumen.
This article explores the recent attempts to overhaul the international tax regime from the regulatory perspective. The regulatory perspective is understood here as the capacity of the rules of international tax law to affect the behaviour of both corporate taxpayers in arranging their cross-border activities and the States in designing their CIT systems. The BEPS initiative serves as a prime example of how international tax law fulfils its regulatory function, by guiding the behaviour of both governments and taxpayers. Accordingly, the paper argues that the international corporate tax regime post-BEPS exhibits two sides of the same regulatory coin: on the one hand, taxpayers are disincentivized to resort to particular types of international tax planning; on the other, the incentives for individual States to engage in corporate tax competition are significantly reduced. It is further argued that the most far-reaching proposal in this area relates to 'global minimum tax', drawn under Pillar Two of the 'BEPS 2.0' initiative.
FISCALIDAD INTERNACIONAL
COMPETENCIA FISCAL NOCIVA
EROSIÓN DE LA BASE IMPONIBLE Y TRASLADO DE BENEFICIOS
PROGRAMAS
ELUSION FISCAL
EVASION FISCAL
CONTROL
SEGUNDO PILAR (OCDE)
Jozipovic, Sime
Intertax 0165-2826 v. 48, Issue 4, April 2020, p. 432-445