Curtailing aggressive tax planning : the case for introducing mandatory disclosure rules in Australia (Part 2) - cues from the United Kingdom and South Africa

Abstract

Increased opportunities for aggressive tax planning (ATP) schemes by multinationals has heightened pressure on governments and policy-makers to curtail these activities. However, the design of most anti-avoidance rules is reactive rather than proactive. One exception is the use of mandatory disclosure rules (MDRs), which require the upfront disclosure of tax information. Part 1 of this two-part study in the previous issue of this journal explored the case for introducing IMDRs by presenting a case study of Australia's experience in considering whether to adopt such a regime. This article (part 2) explores the key design features of an effective MDR regime with reference to the OECD's recommendations and a comparative legal analysis of how these rules apply in the UK and South African contexts. This provides the framework for a review of the effectiveness of MDRs and presents useful 'lessons learnt' which are informative in framing a regime suitable for adoption in other Commonwealth law jurisdictions such as Australia.