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Treaty shopping - less tax with positioning of conduits

Shukla, Gaurav (2013) Treaty shopping - less tax with positioning of conduits. Corporate Professionals Today, 27 (5). pp. 422-437. ISSN 0975-9948

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The article aims to find out abusive elements of Treaty shopping. It brings together the definition of treaty shopping put forward by different jurists, international conventions, and judicial pronouncements and attempts to highlight the disparities in understanding the concept and acceptability of treaty shopping as a tool for tax avoidance or unacceptable tax avoidance device. It explored the conceptual distinction between tax evasion and avoidance. The use of conduit arrangements in exploiting the taxing allocation done by the contracting states and the element of artificiality in those arrangements were discussed to the fort the harmful effects of treaty shopping. Further, the role of OECD and UN model convention in dealing with the issue of treaty shopping, that originated from the concept of forum shopping in the US. OECD’s Conduit company report and Base company report were considered to evaluate the measures available for countering treaty shopping. In concluding, I accepted the well-established principle of taxpayers right to arrange its taxing affairs at his wish and within the legal framework, however, according to me there was lack of balanced approach which may be adopted by the developing countries in attracting investment, while not losing much of revenue due to practices like treaty shopping.

Item Type: Journal Article
Subjects: H Social Sciences > HF Commerce
K Law > K Law (General)
Divisions: School of Law and Social Sciences (SoLaSS)
Depositing User: Ms Shalni Sanjana
Date Deposited: 28 Jun 2022 00:05
Last Modified: 28 Jun 2022 00:05

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