Full Description
This incisive book presents a critical analysis of contemporary issues in international taxation, considering the longstanding question of how best to tax income and consumption. Leading experts from across the globe explore the future of tax in a changing world, promoting a re-examination of fundamental issues in tax law and policy.
Chapters reflect on highly debated topics in international tax law, discussing how tax policy and legislative processes can be improved. Showcasing perspectives from both developed and emerging economies, contributing authors provide a comprehensive overview of the field, examining issues related to tax treaties and avoidance, corporate tax behaviour, tax administration and dispute resolution. Ultimately, the book looks towards the future of tax law, highlighting attempts to address evolving economic, social and environmental challenges as well as the need to learn from past reforms.
Students and scholars of tax law, international economic law, political science and business will benefit from the book's in-depth coverage of global tax affairs. Its practical advice also makes this an invaluable resource for tax lawyers and practitioners, policymakers, international organizations and ministries of finance.
Contents
Contents
Foreword by Richard Krever xii
1 Introduction: setting the scene 1
Kerrie Sadiq, Chris Evans and Na Li
PART I FUNDAMENTAL ISSUES IN TAX LAW AND POLICY
2 Should we tax income or consumption? 11
Victor Thuronyi
3 Taxes covered: recent developments on Article 2 of the OECD
Model Tax Convention 29
Michael Lang
4 The future of the corporate form in income tax: a case study
of Canada 53
Jinyan Li
5 Twenty years since GST reform in Australia: a critical
assessment 74
Binh Tran-Nam and Mahmoud Abdellatif
PART II INTERNATIONAL TAX ABUSE AND CORPORATE
BEHAVIOUR
6 International tax minimization: the role of corporate tax
morality 100
Kerrie Sadiq
7 Applying exit taxes: issues in the financial valuation and
accounting recognition of transferred assets 123
António Martins
PART III INTERNATIONAL TAX: BEPS AND BEYOND
8 What's the problem that prompted Pillar Two and is there a
better solution? 140
J. Clifton Fleming Jr, Robert J. Peroni and Stephen E. Shay
9 BEPS, Pillar Two and developing countries: combating the
race to the bottom 152
Catherine Brown
10 Global tax governance in international tax law-making: in
search of legitimacy and inclusiveness 168
Irma Mosquera Valderrama
11 Domestic judicial transplants of OECD interpretive solutions
or principles 193
Carlo Garbarino
PART IV TAX SPECIFICS
12 Taxing and not taxing: the problematic nature of tax
concessions for charities and not-for-profit entities in Australia 217
Ann O'Connell
13 Energy and taxation 247
Marco Greggi
PART V TAX REFORM: LESSONS FOR THE FUTURE
14 The New Zealand general anti-avoidance rule: sharpening an
old blade on the jurisprudential whetstone 269
Craig Elliffe
15 History informing the future: can we improve tax policy
and legislation with respect to taxing capital gains? A New
Zealand perspective 286
Adrian Sawyer
