The benefits of differentiated transparency proposal for graduated confidentiality regimes within international tax disputes Stefano Castagna
By: Castagna, Stefano
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Material type: 
ArticlePublisher: 2020Subject(s): FISCALIDAD INTERNACIONAL | TRANSPARENCIA FISCAL | RESOLUCIONES EXTRAJUDICIALES DE CONFLICTOS | MODELO DE CONVENIO OCDE | DERECHO COMUNITARIO EUROPEO | UNION EUROPEA
In:
Intertax v. 48, Issue 12, December 2020, p. 1125-1144Summary: To date, legislators and policymakers have not yet used any explicit policy criterion to balance transparency matters when dealing with EU and OECD tax dispute resolution reforms. This article wants to fill this void by providing a unique tool for implementing changes in international tax dispute resolution mechanisms, balancing different expectations and needs of stakeholders. Providing an example of its application, it proposes the use of differentiated levels of transparency according to stakeholders’ interests to ensure efficiency and fairness of outcome. The article employs principles of data protection regulations as a means to propose changes, drawing inspiration from comparable dispute resolution regimes that deal with taxation matters (Investor-State Dispute Settlement, International Commercial Arbitration and World Trade Organization dispute resolution mechanism). It concludes by providing proposals to render more efficient the current EU and OECD tax dispute resolution mechanisms.
| Item type | Current location | Home library | Call number | Status | Date due | Barcode |
|---|---|---|---|---|---|---|
| Artículos | IEF | IEF | OP 2141/2020/12-5 (Browse shelf) | Available | OP 2141/2020/12-5 |
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| OP 2141/2020/12-2 Beneficial ownership, tax abuse and legal pluralism | OP 2141/2020/12-3 What should be the scope of the beneficial owner concept? | OP 2141/2020/12-4 The emergence of the "technological tax hub" | OP 2141/2020/12-5 The benefits of differentiated transparency | OP 2141/2020/12-6 Implementation of BEPS recommendations in Indonesia’s new APA and transfer pricing rules | OP 2141/2020/12-7 International trade, a never-ending trend | OP 2141/2020/1-3 The hybrid financial instruments |
Disponible también en formato electrónico.
Resumen.
To date, legislators and policymakers have not yet used any explicit policy criterion to balance transparency matters when dealing with EU and OECD tax dispute resolution reforms. This article wants to fill this void by providing a unique tool for implementing changes in international tax dispute resolution mechanisms, balancing different expectations and needs of stakeholders. Providing an example of its application, it proposes the use of differentiated levels of transparency according to stakeholders’ interests to ensure efficiency and fairness of outcome. The article employs principles of data protection regulations as a means to propose changes, drawing inspiration from comparable dispute resolution regimes that deal with taxation matters (Investor-State Dispute Settlement, International Commercial Arbitration and World Trade Organization dispute resolution mechanism). It concludes by providing proposals to render more efficient the current EU and OECD tax dispute resolution mechanisms.
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