BRICS and International Tax Law

BRICS and International Tax Law
Author: Peter Anthony Wilson
Publisher: Wolters Kluwer
Publication Year:  2017

About This Book
This book provides a comprehensive analysis of international tax law as applied within the BRICS nations—Brazil, Russia, India, China, and South Africa—and examines how their approaches diverge from those of developed countries. Central to the study is the BRICS’ broader definition of tax evasion and avoidance, which has implications for both inbound and outbound foreign direct investment (FDI). The book explores how the BRICS countries balance the need to curb illicit outflows of revenue while supporting FDI, all within the framework of international obligations, including human rights considerations.

The work covers key aspects of BRICS tax law and policy, including information exchange procedures, response to the OECD’s Base Erosion and Profit Shifting (BEPS) initiative, bilateral and multilateral tax treaties, thin capitalization, transfer pricing, controlled foreign corporation rules, and approaches to dispute resolution and arbitration. It also addresses practical challenges, such as limited tax authority resources, international audit procedures, and compliance with international tax obligations.

Notably, the author incorporates insights from qualitative surveys and interviews with senior BRICS tax officials, academics, and practitioners, alongside case studies, administrative guidelines, and relevant legal precedents. The book concludes with policy recommendations aimed at improving tax law, enforcement, and dispute resolution procedures within the BRICS framework.

This study is invaluable for tax advisers, government officials, academics, and researchers seeking to understand BRICS’ evolving international tax landscape. It aids in analyzing compliance, structuring cross-border transactions, and resolving disputes while respecting the dual objectives of national sovereignty and investment facilitation.

Contents

Introduction

Core International Tax Policy and Law

Evasion and Avoidance According to the BRICS

Countering Avoidance: SAARs

Information Exchange

Countering Treaty Benefits

BEPS Final 2015 Reports

Dispute Resolution

BRICS and FDI: DTC Anti-abuse and Dispute Resolution

Summary of Conclusions

Annex, Bibliography, Table of Cases, Index