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BEPS: Changing International Fiscal Standards and the Unchanging Fortunes of ‘Sustainable Development’

Author

Listed:
  • Kumar Ajay

    (School of Law, University of Bradford, Bradford, UK)

Abstract

The OECD led BEPS project attempts key changes to the international tax standards to limit harmful tax avoidance. First, it is found that calls for the BEPS project are based on arguments (illicit financial flows and tax competition) that are supported by limited evidence and hence may not offer much fiscal gain to the developing countries. Second, it is found that the BEPS project would, through information sharing, further limit the fiscal jurisdiction of capital importing states. Further it is found that tax competition, even if existing in a limited form, is a result of the international tax architecture and the externalities caused by it. In fact, it is seen that the MNCs actually reduce the inefficiencies created by this tax architecture and thereby reduce transaction costs. By agreeing to the BEPS agenda of information sharing the developing countries would be paying the cost of internalising the externality.

Suggested Citation

  • Kumar Ajay, 2023. "BEPS: Changing International Fiscal Standards and the Unchanging Fortunes of ‘Sustainable Development’," The Law and Development Review, De Gruyter, vol. 16(2), pages 325-365, June.
    • Handle: RePEc:bpj:lawdev:v:16:y:2023:i:2:p:325-365:n:5
    DOI: 10.1515/ldr-2023-0051
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