A/HRC/31/61
of $100 billion annually, which represents about one third of corporate income taxes that
would be due in the absence of profit-shifting. Total development resource leakages,
including lost earnings from missed reinvestment opportunities in addition to tax revenue
losses, are an estimated $250 billion to $300 billion per year. These estimates are likely to
be lower bound figures, since they do not cover all forms of corporate tax avoidance. 18 A
recent study by the International Monetary Fund (IMF) estimates long-run annual revenue
losses to developing countries of $200 billion per year (1.7 per cent of gross domestic
product (GDP)) and to countries of the Organization for Economic Cooperation and
Development (OECD) of $500 billion per year (0.6 per cent of GDP).19 Looking
specifically at the United States of America, one report estimates losses due to profitshifting by United States firms to be $100 billion per year, while another calculates a
decline in the effective tax rate on United States firms from 30-20 per cent over the past 15
years, two thirds of which is attributable to profit-shifting.20 These losses are borne by both
the Government of the United States and the Governments of other countries, while the
benefits accrue to shareholders of the respective companies. Since equity ownership is very
concentrated, so too, therefore, are these benefits. Similar trends can also be observed in
other developed countries.
20.
Corporate tax avoidance causes additional problems beyond lost revenue. The
preceding suggests that corporate tax avoidance perpetuates inequality since the benefits
accrue to a small minority while revenue losses will need to be made up by the rest of the
population. Moreover, in developing countries, it decreases the competitiveness of domestic
businesses since, unlike transnational corporations, they generally cannot take advantage of
cross-border tax haven transactions in order to minimize their tax bill. 21 Tax avoidance also
wastefully increases the cost tax administration. 22 Furthermore, the more sophisticated tax
avoidance schemes become, the more ineffective capacity-building efforts to strengthen tax
administrations become. This suggests that, while capacity-building efforts are important to
help combat tax avoidance in the short term, what is needed more fundamentally is a
change in the rules themselves.
III. Tax abuse, human rights and sustainable development
21.
The Independent Expert notes in his interim study that there are various connections
between illicit financial flows and human rights. Many of these also apply specifically to
tax abuse. First and foremost, tax abuse deprives Governments of resources required to
progressively realize human rights, including economic, social and cultural rights, such as
health, education, social protection, water, sanitation, as well as civil and political rights,
including access to justice, free and fair elections, freedom of expression and personal
security. Tax abuse can also undermine the rule of law, for example, when large-scale tax
evasion is allowed to occur with impunity. In addition, whistle-blowers, media outlets and
human rights defenders that expose tax abuse require effective protection based on
international human rights law and the United Nations Convention against Corruption.
Human rights and due process guarantees are also essential to protect persons from undue
18
19
20
21
22
See A. Cobham, “UNCTAD study on corporate tax in developing countries”, Unacounted.org (2015).
E. Crivelli, R. De Mooij and M. Keen, “Base erosion, profit shifting and developing countries”, IMF
working paper No. WP/15/118, pp. 19-20 (2015).
See J. Gravelle, “Tax havens: international tax avoidance and evasion”, Congressional Research
Service (2015); and Zucman, “Taxing across borders” (footnote 6).
See ActionAid, “How tax havens plunder the poor”, p. 6 (2013).
See Declaration of the Independent Commission for the Reform of International Corporate Taxation,
p. 9, available from www.icrict.org/declaration/.
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