Date of Award
2012
Degree Type
Dissertation
Degree Name
Doctor of Juridical Science (S.J.D.)
First Advisor
Reuven Avi-Yonah
Second Advisor
Michael J. McIntyre
Third Advisor
Monica Hakimi
Abstract
The current integration of world markets has led to an increase in the competition for businesses in addition to the competition for passive investments that already existed. In addition, the current financial crisis led countries to search for additional sources of revenue in order to work within their budget constraints. As tax is an area where such competition is more visible, it has also generated an effort – mainly from industrialized countries and international organizations – to curb tax practices deemed harmful to world economy. Bank secrecy rules and lack of transparency are aspects of these "harmful" tax practices. This dissertation will focus on (i) how such rules work and how harmful they can be; (ii) jurisdiction aspects that may limit the ways countries may employ to deal with the situation; (iii) how secrecy rules affect privacy rights and how such rights may not be absolute in certain situations, and, last but not least, (iv) what bi-(multi)lateral and unilateral measures are being taken to deal with these harmful practices.
Citation
Mello, Linneu de Albuquerque, "Tax Competition and the Case of Bank Secrecy Rules: New Trends in International Tax Law" (2012). SJD Dissertations.
https://repository.law.umich.edu/sjd/1
Included in
Banking and Finance Law Commons, Business Organizations Law Commons, Privacy Law Commons, Taxation-Transnational Commons