AS per the OECD, the continuing economic
crisis has taken a serious toll on corporate profits. Numbers
at stake are vast, with loss carry-forwards as high as 25% of GDP in
some countries. Though most of these claims are justified, some corporations
find loop-holes and use ‘aggressive tax planning’ to
avoid taxes in ways that are not within the spirit of the law, adds the OECD
Report.
The Report states that the aggressive tax planning is a source of increasing
concern for many countries and they have developed various strategies to
deal with it. Working cooperatively, countries can deter, detect and respond
to aggressive tax planning while at the same time ensuring certainty and
predictability for compliant taxpayers.
The report outlines strategies to detect and respond to aggressive
tax planning schemes. Detection usually takes place through audits, special
reporting obligations on losses, mandatory disclosure rules, rulings, and
co-operative compliance programmes. Responses require a comprehensive approach
focusing on aggressive tax planning schemes, as well as on their promoters
and users. Early engagement between taxpayers and tax authorities in the
framework of disclosure initiatives and co-operative compliance programmes
also has positive effects, convincing some tax payers not to use or promote
certain schemes.
Through the OECD, countries share intelligence on aggressive tax planning
schemes and increase international co-operation on detection, responses,
and evaluation. Governments should also introduce policies to restrict the
multiple use of the same loss and to introduce or revise restrictions on
the use of certain losses in the context of mergers, acquisitions, or group
taxation regimes, it adds.
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