A/HRC/26/28
developing countries of billions of dollars worth of potential tax revenue, is known as tax
“base erosion and profit shifting”.106
77. The annual loss to Africa from transfer mispricing has been estimated at $38 billion,
higher than the flow of development assistance to the region over the same period.107 The
problem is exacerbated by a lack of accessible information on “beneficial ownership” (the
ultimate owner of companies, trusts and funds) and the fact that companies are not required
to report systematically their income and activities on a country-by-country basis.
78. A new multilateral tax regime based on the premise of tax cooperation over competition
is therefore urgently required. Existing mechanisms, such as the Committee of Experts on
International Cooperation on Tax Matters, could play an important role with more
dedicated support. Now is the time to take decisive action towards cooperation, guided by
human rights principles.
V.
Recommendations
79. States must realize the full potential of tax collection as a tool to generate revenue
for the fulfilment of human rights obligations and to redress discrimination and
inequality. Human rights principles regarding participation, transparency,
accountability and non-discrimination should be followed throughout the whole
revenue-raising cycle. For this purpose, States should:
(a)
Seek to increase tax revenue in a manner compatible with their human
rights obligations of non-discrimination and equality, and increase the allocation of
revenues collected to budget areas that contribute to the enjoyment of human rights;
(b)
Invest financial resources and political will in strengthening national tax
authorities, ensuring that they have technical and budgetary autonomy and that their
staff is professionalized;
(c)
Increase reliance on personal and direct taxes, and design all taxes in
ways that reduce regressive impact and gender bias;
(d)
Carefully consider the income tax threshold to ensure that persons below
or near the poverty line are not driven deeper into poverty by tax policies;
(e)
Conduct human rights assessments of fiscal policy periodically and with
broad public participation, including analysis of the distributional consequences and
tax burden borne by different income sectors and disadvantaged groups;
(f)
Review tax structures, codes and instruments for explicit and implicit
gender bias and ensure they do not reinforce existing gender inequalities, including
through their impact on unpaid care work;
(g)
Ensure that people have access to all relevant data and information on
fiscal policy and government revenues, including from the corporate sector, and
include such information under right to information laws;
(h)
Take measures to build the capacity of all people to understand fiscal
policy options, and establish inclusive mechanisms to ensure that they are actively
engaged in devising the most appropriate policy options;
106
107
20
Christian Aid, False Profits: robbing the poor to keep the rich tax-free, 2009.
Africa Progress Panel, Africa Progress Report (see footnote 97), p. 65.