Double Taxation Tax Evasion
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[Distributed to the Council C. 2 1 6 . M. 8 5. 1 9 2 7 II. and to the Members of the League.] Geneva, April 1927. LEAGUE OF NATIONS DOUBLE TAXATION AND TAX EVASION REPORT PRESENTED BY THE Committee of Technical Experts on Double Taxation and Tax Evasion Publications of the League of Nations II. ECONOMIC AND FINANCIAL 1927. II. 40. CONTENTS Page Coy ing L e t t e r ................................................................................................................................................................... 4 r f -, rt of t h e Co m m itt ee of T e c h n ic a l E x pe r t s on D o uble T axation a nd ax E vasion : In tro d u c tio n .............................................................................................................. 5 I . Convention for the Prevention of Double Taxation : A . Text of the C onvention................................................................................ 10 B. C om m entary........................................................................................................ 12 I. Convention for the Prevention of Double Taxation in the special matter of Succession Duties : A . Text of the Convention................................................................................ 19 B . C om m entary........................................................................................................ 20 il. Convention on Administrative Assistance in Matters of Taxation : A. Text of the C onvention................................................................................ 22 B . C om m entary....................................................................................................... 23 v . Convention on Judicial Assistance in the Collection of Taxes : A. Text of the C onvention................................................................................ 26 B . C om m entary........................................................................................................ 27 V . Proposals regarding Future O rganisation..................................................... 31 (K.) 10 (A) (prov.) -f- 1.225 (F.) 1.025 (A.) 4- .jflti (F.) (A.) 5 "27. lm p. du Journal do fiem-vt*. LETTER ADDRESSED BY THE CHAIRMAN OF THE COMMITTEE OF TEC \'! -I EXPERTS ON DOUBLE TAXATION AND TAX EVASION TO THE CHAIR [AX OF THE FINANCIAL COMMITTEE London, April 12th, 927 The Committee on Double Taxation and Tax Evasion had been instructed to 'repate I draft conventions based on the resolutions adopted by the technical experts in Febru; v 1925I with a view to the avoidance of double taxation and the prevention of tax evasion, n put- suance of these instructions, the four annexed draft Conventions have been drawn 'P. anil I have now the honour to submit them to the Financial Committee ot the League of N, 10ns. The Committee on Double Taxation and Tax Evasion is fully conscious that t ■■■' worK I which it has just concluded is imperfect in that it does not provide solutions for all 1 e diffi-| culties which may arise in this very complex question. But, having regard to the 1 versify ot the legislative systems represented in the Committee, and the necessity for finding rmula | capable of acceptance by everyone, it will be recognised that the experts were bound te confine themselves to indicating general rules, leaving particular points of difficulty to be dt It wii — in the spirit ot the accepted general principles — by those on whom the tasK ot neg 'dating I the bilateral conventions will ultimately fall. The Committee on Double Taxation and Tax Evasion accordingly considers that itl should not delay presenting its conclusions, and that the results which it has obtaim can be I utilised forthwith by Governments desirous of concluding conventions in the near futur It is in the light of these considerations that the Committee on Double Taxation . id Tas I Evasion has drawn up the annexed report, which it has the honour to submit herewit to t Financial Committee. (Signed) Pasquale d ’ARC a. REPORT PRESENTED TO THE FINANCIAL COMMITTEE F THE LEAGUE OF NATIONS BY THE COMMITTEE OFTECHNICAL EXPERTS ON DOUBLE TAXATION AND TAX EVASION London, April 12th, 1927. I ntroduction . In presenting its general and final report, the Committee of technical Experts on Double ixation and Tax Evasion thinKs it desirable briefly to recall the development of the League of itions worK in this matter. The International Financial Conference held at Brussels in 1920 recommended that the ague of Nations should taKe up the question of double taxation 1. The Financial Committee, which the question was referred, towards the end of 1920 entrusted the theoretical study of mble Taxation to four economists, M. B r u in s , M. E in a u d i, M. S e lig m a n and Sir Josiah a m p , whose report (document F. 19) was published in March 1923. Meanwhile, the International Economic Conference, which had met at Genoa in April 22, recommended that the League of Nations should also examine the problem of the flight capital 2. In June 1922, the Financial Committee decided to have both questions, namely, double xation and tax evasion, studied from an administrative and practical point of view. It rusted this worK to a group of high officials of the fiscal adm inistrations of various countries, mely M. Cl a v ie r , M. B a u d o in-B u g e t (subsequently replaced by M. B o r d u g e ), Sir Percy impson (temporarily replaced by Mr. G. B. C a nn y ), Professor Pasquale d ’AROMA, Sin n in g h e D a m st é , M. B lau and D r. V a l n ic e k . Notwithstanding the great difficulties of the question, these experts, after holding several tings, agreed upon a series of Resolutions which they submitted, together with a general ort, to the Financial Committee in February 1925 (document F. 212). The Financial Committee, in its report dated June 1925, expressed its agreement with the in lines of the experts’ Resolutions, but urged the importance, in any future enquiries, of m g into consideration uthe disadvantage of placing any obstacles in the way of the rnational circulation of capital, which is one of the conditions of public prosperity and rid economic reconstruction’’. 1 Recommendations 0/ the Brussels Conference. Resolution proposed by the Commission on International Credits, No. 12 : Apart from the above-mentioned proposals . the Conference believes that the activities he League of Nations might usefully be directed towards promoting certain reforms and iecting the relevant information required to facilitate credit operations. In this connection Conference considers it well to draw attention to the advantages of making progress under h of the following heads. An international understanding which, while ensuring due payment by everyone of his full share of taxation, would avoid the imposition of double ition which is at present an obstacle to the placing of investments abroad.” 2 Recommendations of ihe Genoa Conference. Resolution proposed by the Financial Commission, No. 13 : "We have considered what action, if any. could be taken to prevent the flight of capital in r to avoid taxation, and we are of the opinion that any proposals to interfere with the dom of the market for exchange ; or to violate the secrecy of bankers' relations with their lOmers are to be condemned. Subject to this proviso, we are of the opinion that the question measures for international co-operation to prevent tax evasion might be usefully studied in nection with the problem of double taxation which is now being studied by a Committee xperts on behalf of the League of Nations. We therefore suggest that the League of Nations ild be invited to consider it." — 6 — As regards the future progress ot their worK, the experts suggested, in their report a ted February 1925, that the Committee should be enlarged, and that it should be request d tn prepare preliminary draft conventions on the basis of the Resolutions of 1925. This recommendation was supported by the Financial Committee and approved b the Council, which authorised the Secretary-General to issue the necessary invitations. ( >nse- quently the following Committee was constituted : Argentine : Dr. Salvador O r ia , late Secretary of State in the Ministry of Finance, Me- nbei of the Board of the National Mortgage BanK. Replaced at the third session by M. Julian E n c iso , Councillor ot Leg, ion, Geneva. Belgium : M. Ch. Cl a v ie r , Director-General of Direct Taxation and Land Sury v in the Ministry of Finance. Czechoslovakia Dr. Vladimir V a l n ic e k , Chiet of Section in the Ministry of Finance. Replaced at the third session by H.E. Dr. Bohumil V la sa k , Minister ] potentiary, Head of Department in the Ministry of Finance. France : M. B o r d u g e , Councillor of State, Director-General of Taxation and K tration, Ministry of Finance. Germany : Dr. Herbert D o r n , Director in the Ministry of Finance. Great Britain Sir Percy T h o m pso n , Deputy Chairman, Board of Inland Revenue. Italy : Professor Pasquale d ’AROMA, Vice-Governor of the BanK of Italy. Director-General in the Ministry of Finance. Assistant : Dr. Gino B olafi i , Head of Section in the Ministry of Fin; Departm ent of Direct Taxation. Japan : Mr. Kengo M o r i, Financial Commissioner of Japan in London. Replaced by Mr. TaKashi A o k i, Representative in London of the Bat ; of Japan. Assistant : M. Y a m a ji, Japanese Delegation to the Reparation Commi ion. Netherlands : Dr. J. H. R. Sin n in g h e D a m st é , Director-General of Taxation. For Colonial questions : Dr. L. J. van d e r XVa a l s, Director in the Col nial Department. Poland : Professor Stefan Z a l e s k i, Professor of Political Economy at the Unix: sity at Posen. Assistant (for questions of succession duties): M. Edouard W e r n e r , H d of Department, Ministry of Finance. Switzerland : M. Hans B l a u , Director of the Federal Taxation Department. United Stales cl Professor Thomas S. A d a m s , President of the American Economic As ■cia- America : tion, former Economic Adviser to the U.S.A.