Territoriality: For and Against
Document Type
Article
Publication Date
2013
Abstract
This article will survey the main arguments for and against territoriality and conclude that it is the wrong way to go in the short run, but can perhaps be adopted in the medium to long run in conjunction with more fundamental international tax reform. The main reason that territoriality should not be adopted now is that the OECD may be about to recommend worldwide consolidation for all its members as part of the Base Erosion and Profit Shifting (BEPS) project, and if the OECD does that, all of the standard arguments in favor of territoriality and against abolishing deferral disappear.
Recommended Citation
Avi-Yonah, Reuven S., "Territoriality: For and Against" (2013). Public Law & Legal Theory Working Papers. 517.
https://repository.law.umich.edu/pub_law_archive/517