A/HRC/26/28
(i)
Take strict measures to tackle tax abuse, in particular by corporations
and high net-worth individuals;
(j)
Institute fully transparent public oversight over the granting and
monitoring of tax incentives, and conduct periodic assessments of social benefits and
human rights compliance, informed by broad public participation, especially by
individuals who will be most affected; and refrain from granting fixed-term tax
holidays and tax stability agreements that may undermine accountability for evolving
impact on human rights;
(k)
Ensure accessible channels for accountability and remedy for any
negative human rights impact of fiscal policy, including by strengthening the capacity
of the judicial system and national human rights institutions to address fiscal policy;
(l)
Ensure that extractive industries are subject to appropriate tax rates and
export duties, and that the human rights of affected communities and future
generations are protected in the exploitation of natural resources;
(m)
Proactively disclose information on contracts, concessions and licensing
agreements in the extractive sector and related information, including expected tax
revenues and export royalty rates;
(n)
Ensure the public revenue raised from the financial sector is
commensurate to the sector’s profitability and the risks it generates; implement a
financial transaction tax, and consider allocating the revenues specifically to
expenditure that can contribute to the realization of human rights;
(o)
Implement regulations that prevent the role played by the financial sector
in aiding tax evasion and profit-shifting.
80. With regard to international cooperation and extraterritorial impact, each State
should refrain from any conduct that impairs the ability of another State to raise
revenue as required by their human rights commitments, and cooperate in creating an
international environment that enables all States to fulfil their human rights
obligations.
81. For the above-mentioned purpose, States should:
(a)
Actively pursue international cooperation in tax matters, working
towards a multilateral regime for tax transparency that tackles tax abuse;
(b)
Enact clear legislation and regulations to ensure that companies domiciled
in their territory respect human rights in their operations everywhere, including in
tax planning practices;
(c)
Provide, when in a position and requested to do so, funding and technical
assistance to strengthen the capacity of tax authorities in less developed countries to
collect taxes and to adhere to international agreements that benefit them;
(d)
Develop a system for more systematic and regular exchange of
information between tax authorities, laying the foundations for an eventual
multilateral, global system of automatic tax information exchange;
(e)
Promote and engage in forums for tax cooperation that guarantee
participation by developing countries; in particular, commit more resources to the
Committee of Experts on International Cooperation in Tax Matters, support its
upgrade to intergovernmental status, and support the implementation of its Model
Tax Convention and the Code of Conduct on Cooperation in Combating International
Tax Evasion and Avoidance;
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