International finance and tax avoidance via Dutch Special Purpose Entities Francis Weyzig (
[email protected]) Paper for presentation at research , seminar Radboud University Nijmegen, 21 October 2013 Abstract Many large firms use Dutch Special Purpose Entities (SPEs) to avoid corporate taxes. This paper shows that Dutch SPEs mainly pass on equity and loans to foreign affiliates, sometimes combined with debt issuance. These structures facilitate avoidance of withholding taxes, particularly in specific developing and EU countries, including Indonesia, the Philippines, Ghana, Mongolia, Portugal, and Spain. Dutch SPEs also facilitate profit shifting through royalty payments. Tax avoidance via SPE structures has major implications for international tax policy. Countries could respond by adjusting withholding taxes unilaterally, improving anti-avoidance measures, or renegotiating certain tax treaties. Introduction Developing countries require sustainable sources of finance for development. Most countries will need to increase domestic tax revenues to gradually replace aid and debt as sources of finance for public goods and services (OECD & AfDB, 2010; UNCTAD, 2010). For low income countries, this need is often reinforced by the loss of tariff revenues due to trade liberalisation (Braunsgaard & Keen, 2005; Khattry & Mohan Rao, 2002). In the EU, raising tax revenues is a priority as well, but for different reasons. Various EU countries are faced with unsustainable fiscal deficits, because their public debt and borrowing costs increased sharply as a consequence of the financial crisis. In developing countries, donor support to strengthen tax systems mainly addresses domestic constraints, such as administrative capacity (OECD, 2012b). However, international constraints are important as well. These include illicit capital flight and evasion of personal income tax on assets held offshore (Ndikumana & Boyce, 2008; UNCTAD, 2010) and transfer pricing abuses and international tax arbitrage by multinationals (Lesage et al., 2010; OECD & AfDB, 2010).