Chapter 4 | Page 163
their tax burden to low tax havens, depriving the host government of the tax
revenue.
The main challenges in tackling tax avoidance include State culpability for
allowing tax avoidance to be practised by companies in other States and in
frustrating the efforts of other States to combat these practices. Fair,
transparent, accountable and equitable taxation systems are key requirements
for maximising State resources for ESC rights realisation. Yet tax evasion and
avoidance drain developing countries of billions of dollars each year as the
result of systemic and deliberate minimisation of the tax share of companies
and wealthy individuals.107 Such illicit financial flows from non-tax-abuse
activities in developing countries to secrecy jurisdictions is a significant
component of capital flow from developing countries to developed countries
which negatively impacts resources available for these States.108 This is
particularly relevant in the area of corporate tax planning practices that are
deliberately designed to avoid taxes.
Another key area of concern are the various types of tax incentives, such as
tax holidays and tax concessions, which are used by governments to attract
investors in selected areas. It is argued that tax incentives are ineffective in
countries with a poor investment climate.109 The practice of tax exemptions
and tax incentives also creates huge revenue problems for developing
countries. According to the OECD, tax incentives tend to reduce government
revenues by 1-2 percent of GDP.110 Tax incentives for investments may not
always achieve their objectives, and may not be sustainable in the future. It
107
CIDSE Resources for Development Working Group, Financing Sustainable Development:
Are we up to the challenge? (CIDSE, 2014), 5.
108
For example see, Dev Kar and Joseph Spanjers, Illicit Financial Flows from Developing
Countries: 2003-2012 (Global Financial Integrity, Washington, D.C., 2014); Petr Janský,
'Updating the Rich Countries’ Commitment to Development Index: How They Help Poorer
Ones Through Curbing Illicit Financial Flows' (2014) Social Indicators Research 1-23.
109
International Monetary Fund et al, Supporting the Development of More Effective Tax
Systems: Report to the G-20 Development Working Group (IMF, 2011),
<http://www.oecd.org/ctp/48993634.pdf>.
110
Tax Justice Network-Africa and ActionAid International, Tax competition in East Africa: A
race to the bottom? (TJNA & ActionAid, 2012), <http://www.actionaid.org/sites/files/
actionaid/eac_report.pdf>.
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