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The Complementary Role of the WTO in the Enhancement of the Base Erosion and Profit Shifting Project

Author

Listed:
  • Lijun Zhao

    (The City Law School, City, University of London, London EC1V 0HB, UK)

  • Angelina Karaivanova

    (The City Law School, City, University of London, London EC1V 0HB, UK)

  • Pengfei Zhang

    (Faculty of Business, Law and Digital Technologies, Solent University, Southampton SO14 0YN, UK
    College of Transport & Communications, Shanghai Maritime University, Shanghai 201300, China)

Abstract

The current rules on international tax do not function properly due to the gaps which allow for tax manipulation. Whereas most tax agreements largely contribute to the prevention of double taxation, they do not effectively approach double non-taxation matters arising from tax competition based on the agreements’ bilateral nature. In order to tackle this issue, the Base Erosion and Profit Shifting project was introduced. Developed under the Organization for Economic Co-Operation and Development framework, the Base Erosion and Profit Shifting project deals with tax avoidance practices that use mismatches and gaps in tax rules. Nevertheless, the success of this new soft law initiative requires a forum that can promote and enforce its recommendations. The structural nature of the Organisation for Economic Co-operation and Development has led to the consideration of the World Trade Organization to be this forum by many. However, the World Trade Organization covered agreements are drafted in a way that includes some of the tax competition matters but not others, including traditional tax havens. This paper aims to bridge the gaps in the area of the international tax regime. By examining the international trade and international tax regimes, it is shown that there is space for variations in the World Trade Organization broadly drafted agreements for such matters to find a resolution. It is argued that the World Trade Organization can play a complementary role in the enforcement of the new international tax rules.

Suggested Citation

  • Lijun Zhao & Angelina Karaivanova & Pengfei Zhang, 2021. "The Complementary Role of the WTO in the Enhancement of the Base Erosion and Profit Shifting Project," World, MDPI, vol. 2(2), pages 1-28, May.
    • Handle: RePEc:gam:jworld:v:2:y:2021:i:2:p:17-294:d:554678
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    References listed on IDEAS

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    1. Federico Ortino, 2006. "Treaty Interpretation and the WTO Appellate Body Report in US -- Gambling: A Critique," Journal of International Economic Law, Oxford University Press, vol. 9(1), pages 117-148, March.
    2. Teppo Eskelinen & Matti Ylönen, 2017. "Panama and the WTO: new constitutionalism of trade policy and global tax governance," Review of International Political Economy, Taylor & Francis Journals, vol. 24(4), pages 629-656, July.
    3. Jackson,John H., 2000. "The Jurisprudence of GATT and the WTO," Cambridge Books, Cambridge University Press, number 9780521620567, October.
    4. Daly, Michael, 2005. "The WTO and direct taxation," WTO Discussion Papers 9, World Trade Organization (WTO), Economic Research and Statistics Division.
    5. Michael Daly, 2006. "WTO Rules on Direct Taxation," The World Economy, Wiley Blackwell, vol. 29(5), pages 527-557, May.
    6. Michael Daly, 2016. "Is the WTO a World Tax Organization?; A Primer for WTO Rules for Policy Makers," IMF Technical Notes and Manuals 16/03, International Monetary Fund.
    7. Choi, Won-Mog, 2003. "'Like Products' in International Trade Law: Towards a Consistent GATT/WTO Jurisprudence," OUP Catalogue, Oxford University Press, number 9780199260782.
    8. Michael Daly, 2016. "Is the WTO a World Tax Organization?: A Primer for WTO Rules for Policy Makers," IMF Technical Notes and Manuals 2016/003, International Monetary Fund.
    9. Avi-Yonah,Reuven S., 2007. "International Tax as International Law," Cambridge Books, Cambridge University Press, number 9780521852838, October.
    10. Matsushita, Mitsuo & Schoenbaum, Thomas J. & Mavroidis, Petros C. & Hahn, Michael, 2015. "The World Trade Organization: Law, Practice, and Policy," OUP Catalogue, Oxford University Press, edition 3, number 9780199571857.
    11. Qiang Cai & Pengfei Zhang, 2018. "A Theoretical Reflection on the OECD’s New Statistics Reporting Framework for the Mutual Agreement Procedure: Isolating, Measuring, and Monitoring," Journal of International Economic Law, Oxford University Press, vol. 21(4), pages 867-884.
    12. Avi-Yonah,Reuven S., 2007. "International Tax as International Law," Cambridge Books, Cambridge University Press, number 9780521618014, October.
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    Cited by:

    1. Marcel Franke & Bernhard K. J. Neumärker, 2022. "A Climate Alliance through Transfer: Transfer Design in an Economic Conflict Model," World, MDPI, vol. 3(1), pages 1-14, February.

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