Comments on: The Tax Justice Network Code of Conduct for Taxation http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/ Richard Murphy on tax and corporate accountability Sat, 22 Nov 2008 00:00:06 +0000 http://wordpress.org/?v=2.6 By: Tax Research UK / KPMG - pointing the finger of blame in the wrong direction http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/#comment-410144 Tax Research UK / KPMG - pointing the finger of blame in the wrong direction Mon, 07 Apr 2008 06:02:57 +0000 http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/#comment-410144 [...] society. I’d urge him to sign his firm up, globally, to a Code of Conduct of the sort the Tax Justice Network has proposed. Then we’d be making progress. This requires firms like his own (and all its numerous tax [...] [...] society. I’d urge him to sign his firm up, globally, to a Code of Conduct of the sort the Tax Justice Network has proposed. Then we’d be making progress. This requires firms like his own (and all its numerous tax [...]

]]> By: dirk http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/#comment-400896 dirk Wed, 19 Mar 2008 09:11:11 +0000 http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/#comment-400896 Hope you'll excuse my poor English ; I am not a native speaker. The debate about cause and effect is a tricky one and it may prove useless. It is generally acknowledged that tax avoidance shifts the tax burden en thus installs a factual inequality. This is one reason tax avoidance is undesirable. An interesting angle to view this problem is the question whether there is an obligation to obey the (tax) law. Some say that such an oblgation does exist, as the government usually knows better how to achieve wellfare for every one than we do. Some say there is no such obligation because not every statute or law has inherent moral value. Moreover, the tax avoider does by definition not break the law, he outsmarts it. Legally tax avoidance is accepted because of two interacting principles : - the principle of legality, according to which no tax shall be levied than by law - the freedom of contract, according to which anyone can make any contract at any time The main legal question is to find out whether those principles still have the quasi absolute meaning they had in the 18th century, or whether they should be seen in their present-day context. Hope you’ll excuse my poor English ; I am not a native speaker.

The debate about cause and effect is a tricky one and it may prove useless.

It is generally acknowledged that tax avoidance shifts the tax burden en thus installs a factual inequality. This is one reason tax avoidance is undesirable.

An interesting angle to view this problem is the question whether there is an obligation to obey the (tax) law. Some say that such an oblgation does exist, as the government usually knows better how to achieve wellfare for every one than we do. Some say there is no such obligation because not every statute or law has inherent moral value. Moreover, the tax avoider does by definition not break the law, he outsmarts it.

Legally tax avoidance is accepted because of two interacting principles :
- the principle of legality, according to which no tax shall be levied than by law
- the freedom of contract, according to which anyone can make any contract at any time

The main legal question is to find out whether those principles still have the quasi absolute meaning they had in the 18th century, or whether they should be seen in their present-day context.

]]> By: Tax Research UK / What I want from the budget http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/#comment-396774 Tax Research UK / What I want from the budget Wed, 12 Mar 2008 09:27:48 +0000 http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/#comment-396774 [...] A commitment to introduce a general anti-avoidance principle to tackle tax [...] [...] A commitment to introduce a general anti-avoidance principle to tackle tax [...]

]]> By: Tax Research UK / Tax havens harm Africa, and accountants could stop it http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/#comment-348630 Tax Research UK / Tax havens harm Africa, and accountants could stop it Fri, 11 Jan 2008 14:44:08 +0000 http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/#comment-348630 [...] It’s why we have promoted our Code of Conduct. [...] [...] It’s why we have promoted our Code of Conduct. [...]

]]> By: Tax Research UK / Taxpayer’s Charter: make it a Code of Conduct http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/#comment-347286 Tax Research UK / Taxpayer’s Charter: make it a Code of Conduct Thu, 10 Jan 2008 14:33:48 +0000 http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/#comment-347286 [...] I would like to think that it will look like this: [...] [...] I would like to think that it will look like this: [...]

]]> By: Tax Research UK / Russian corruption? http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/#comment-277718 Tax Research UK / Russian corruption? Mon, 19 Nov 2007 11:01:14 +0000 http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/#comment-277718 [...] Of course, if countries subscribed to the TJN Code of Conduct for Taxation such secrecy would not be available, and corruption of this sort may not be possible. [...] [...] Of course, if countries subscribed to the TJN Code of Conduct for Taxation such secrecy would not be available, and corruption of this sort may not be possible. [...]

]]> By: Tax Research UK / India tackles Vodafone offshore abuse http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/#comment-247580 Tax Research UK / India tackles Vodafone offshore abuse Thu, 01 Nov 2007 10:51:31 +0000 http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/#comment-247580 [...] After all, why should it be that because the ownership of shares is registered in a company wholly owned by the onshore participants to a deal no tax is due? This is a charade or sham at best. And Vodafone knows it. It would, of course, contravene the TJN Code of Conduct. [...] [...] After all, why should it be that because the ownership of shares is registered in a company wholly owned by the onshore participants to a deal no tax is due? This is a charade or sham at best. And Vodafone knows it. It would, of course, contravene the TJN Code of Conduct. [...]

]]> By: Getting it wrong on IFRS/GAAP convergence : AccMan http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/#comment-244474 Getting it wrong on IFRS/GAAP convergence : AccMan Tue, 30 Oct 2007 00:27:55 +0000 http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/#comment-244474 [...] On this I can agree. Issues over the handling of tax in accounts for example could definitely do with review. A code of ethics that matters would also help. And it is true to say that the obdurate manner with which certain EU governments have chosen to step around IFRS or provide their own interpretations does not bode well. [...] [...] On this I can agree. Issues over the handling of tax in accounts for example could definitely do with review. A code of ethics that matters would also help. And it is true to say that the obdurate manner with which certain EU governments have chosen to step around IFRS or provide their own interpretations does not bode well. [...]

]]> By: Tax Research LLP http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/#comment-223826 Tax Research LLP Thu, 18 Oct 2007 15:33:42 +0000 http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/#comment-223826 Alastair Debate is very welcome. What is not is debate about the desirability of democracy. That is taken as a given on this site. Richard Alastair

Debate is very welcome.

What is not is debate about the desirability of democracy.

That is taken as a given on this site.

Richard

]]> By: alastair http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/#comment-223779 alastair Thu, 18 Oct 2007 15:02:21 +0000 http://www.taxresearch.org.uk/Blog/2007/10/18/the-tax-justice-network-code-of-conduct-for-taxation/#comment-223779 As you seem to be supressing comments I guess you don't want to debate this? No skin off my nose! As you seem to be supressing comments I guess you don’t want to debate this? No skin off my nose!

]]>