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Transfer pricing, tax havens and global governance

Ganapati Bhat

Bonn 2009

Discussion Paper / Deutsches Institut für Entwicklungspolitik ISSN 1860-0441

Bhat, Ganapati: Transfer pricing, tax havens and global governance / Ganapati Bhat. – Bonn : DIE, 2009. – Discussion Paper / Deutsches Institut für Entwicklungspolitik ; 7/2009) ISBN 978-3-88985-455-1

Ganapati Bhat is an officer of the Indian Revenue Service, presently working in the Directorate of Transfer Pricing of the Government of India. His research interests are Multinational Corporations, Foreign Direct Investment and Transfer Pricing. E-mail: gr.bhat@yahoo.co.in

© Deutsches Institut für Entwicklungspolitik gGmbH Tulpenfeld 6, 53113 Bonn +49 (0)228 94927-0 +49 (0)228 94927-130 E-Mail: die@die-gdi.de http://www.die-gdi.de

This study has been prepared as part of the Managing Global Governance Programme, an initiative of the German Ministry for Economic Cooperation and Development (BMZ), implemented jointly by the German Development Institute (DIE) and Capacity Building International Germany (InWent) in 2008. The author would like to acknowledge with gratitude the valuable suggestions and guidance of Thomas Fues of DIE, Quentin Dupriez and Mike Pfister of the United Nations Conference on Trade and Development (UNCTAD), Nagesh Kumar of Research and Information System for Developing Countries (RIS) and Khan Masood of Jamia Milia Islamia. The author is also grateful to Manoranjan Hota, Sachin Chaturvedi, S.K. Mohanty and Ram Singh for their help and encouragement. The views expressed reflect the personal opinion of the author and cannot in any way be ascribed to the Income Tax Department of the Government of India or to other institutions and persons referred to above.

Foreword

Tax-motivated transfer pricing has attracted world attention owing to the existence of low-tax jurisdictions and the volume of the activities of multinational corporations (MNCs). MNCs have many instruments



Bibliography: Devereux, Michael P. / Ben Lockwood / Michela Redoano (2008): Do countries compete over corporate tax rates?, in: Journal of Public Economics 92 (5–6), 1210-1235 – (2006): Do tax havens divert economic activity?, in: Economics Letters 90 (2), 219–224 Desai, Mihir A. / Fritz C. Foley / James R. Hines Jr. (2005): Do tax havens divert economic activity? Social Sciences Research Network (Electronic Paper Collection); online: http://ssrn.com/abstract=891211 (accessed 28 May 2008) Demirguc-Kunt, A Cravens, Karen S. (1997): Examining the role of transfer pricing as a strategy for multinational firms, in: International Business Review 6 (2), 127–145 Clausing, Kimberly A Bucovetsky, Sam / John Douglas Wilson (1991): Tax competition with two tax instruments, in: Regional Science and Urban Economics 21 (3), 333–350 Browning, Lynnley (2008): Seeking tax cheats, U.S – (2008): The history of PATA and its effect on pricing arrangements and mutual agreement procedures, in: Journal of International Accounting, Auditing and Taxation 17 (1), 31–50 Borkowski, Susan C Bartelsmann, Eric J. / Roel M. W. J. Beetsma (2001): Why pay more? Corporate tax avoidance through transfer pricing in OECD countries, in: Journal of Public Economics 87 (9–10), 2225–2252 Baker, Raymond W G7 (1999): Statement of finance ministers and central bank governors, September 25, 1999, Washington, DC; online: http://www.g20.org/G20/webapp/publicEN/publication/further/doc/19990925_g7_statement_ about_g20 (accessed 1 June 2008) Foley, Fritz C Elitzur, Ramy / Jack Mintz (1996): Transfer pricing rules and corporate tax competition, in: Journal of Public Economics 60 (3), 401– 422 Economist (2000): Globalization and tax: the world’s view of multinationals, 29 Jan Goolsbee, Austan / Edward L. Maydew (2000): Coveting thy neighbor’s manufacturing: the dilemma of state income apportionment, in: Journal of Public Economics 75 (1), 125–143 Gordon, Roger H Sørensen, Peter Birch (2004): Company tax reform in the European Union, in: International Tax and Public Finance 11 (1), 91–115 US Treasury (2008): Report on foreign holdings of U.S

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