This is the presentation prepared fior the 24 may 2024 conference (online) at Tilburg University on the UN role in shaping International taxation in the years to come.
The starting point to stop Land-grabbing by governments
and multinationals, which violates natural and traditional
systems and laws: the need for laws to protect land rights.
1-. In many countries the political arena pays little attention to the rights of farmers.
And yet, “giving away” the land is putting at risk the future of their countries. In the world there are already one billion hungry people. Do we need to increase the number?
2-. Few States have their own laws governing international investments in land, and legal avenues for redress under national law are limited.
And yet, the issues at stake are high:
- the consequences are serious for local populations and local farmers,
- It will eventually be clear that the financial efforts being made to bring hunger and poverty to an end will have been made in vain.
3-. Villagers could redress the issue through international human rights law, focusing on human rights, such as the right to food or to property.
The tax neutrality principle was defined as a tax system not influencing the taxpayers’ business decisions. Economists usually use ‘the no tax world’ as the baseline to decide if a specific tax measure is ‘neutral. If a taxpayer’s reaction to a specific tax is the same as if there is no such tax, then it is neutral. Such formulation of tax neutrality is inappropriate to evaluate taxation in a regional market as European Union. This paper estab- lishes a new normative framework for evaluating the EU corporate tax law reform project, the Common Consolidated Corporate Tax Base (CCCTB) Proposal, that aims to properly tax MNE taxpayers’ cross-border income by a pre-decided formula. The tax neutrality principle should be not be based on the no-tax baseline but interpreted as ‘faithfully reflecting the taxpayers’ economic activities throughout EU’. EU Member States should maintain proper fiscal autonomy to decide their actual administration inputs (the public benefit provided) and their own method to implement the EU level corporate group taxation (the subsidiarity principle). This trio-formulated neutrality concept falls between Rawls’ liberalism theory and Nozick’s libertarianism theory, closer to Liam Murphy and Thomas Nagel’s tax jus- tice theory. Such trio-combination also better regulates the interactions of the three actors in the EU internal market: EU, Member States and MNE taxpayers. This reformed neutrality is a more appropriate norm than one single economic or legal principle for the EU corporate tax reform.
Keywords: European Union – Common Consolidated Corporate Tax Base (CCCTB) – the tax neutrality – the benefit principle – liberalism – libertar- ianism – the subsidiarity principle – Formulary Apportionment – tax justice
Economic integration aims to reduce costs and increase trade between countries by eliminating trade barriers and aligning economic policies. The main benefits of economic integration include reduced trade costs, increased availability of goods and services, and liberalized movement of employees between countries. However, economic integration also faces drawbacks like criticism from nationalists who see it as a loss of sovereignty. Major economic integration agreements and organizations discussed in the document include the European Union, NAFTA, ASEAN, EFTA, and SAARC.
This document discusses citizens' power to hold public institutions accountable through participation in decision making. It describes SIGMA as a joint OECD-EU initiative that helps countries strengthen governance. Public administration is important for the EU accession process though not a formal chapter. Policy tools like impact assessments and consultation are emphasized as mechanisms for accountability and public input. Open policy making, data sharing and framing of issues can impact decisions and unintended consequences may arise, so participation is key.
Sub-national governments exist to allocate public goods and services at a local level. The document discusses fiscal decentralization versus centralization and describes the Tiebout model of jurisdictional competition. It outlines South Africa's assignment of expenditures and revenues across national, provincial, and local governments. The types and purposes of intergovernmental grants are reviewed along with sub-national borrowing powers and the role of the FFC. Trends in provincial and local financing in South Africa are also discussed.
Dr. Lyla Latif discusses money and fiscal issues in Africa. She outlines 7 constructs that shape fiscal policy: 1) policies are decisively shaped by colonial structures and power relations; 2) frameworks are framed around aid and debt obligations; 3) treaties prioritize foreign direct investment over domestic needs; 4) vulnerabilities like illicit financial flows extract billions annually; 5) human rights and social goals are not always considered; 6) international negotiations influence domestic decisions; 7) digitalization is evolving fiscal challenges. Overall, post-colonial fiscal systems struggle with dependencies that undermine self-determination, welfare, and equitable development.
The starting point to stop Land-grabbing by governments
and multinationals, which violates natural and traditional
systems and laws: the need for laws to protect land rights.
1-. In many countries the political arena pays little attention to the rights of farmers.
And yet, “giving away” the land is putting at risk the future of their countries. In the world there are already one billion hungry people. Do we need to increase the number?
2-. Few States have their own laws governing international investments in land, and legal avenues for redress under national law are limited.
And yet, the issues at stake are high:
- the consequences are serious for local populations and local farmers,
- It will eventually be clear that the financial efforts being made to bring hunger and poverty to an end will have been made in vain.
3-. Villagers could redress the issue through international human rights law, focusing on human rights, such as the right to food or to property.
The tax neutrality principle was defined as a tax system not influencing the taxpayers’ business decisions. Economists usually use ‘the no tax world’ as the baseline to decide if a specific tax measure is ‘neutral. If a taxpayer’s reaction to a specific tax is the same as if there is no such tax, then it is neutral. Such formulation of tax neutrality is inappropriate to evaluate taxation in a regional market as European Union. This paper estab- lishes a new normative framework for evaluating the EU corporate tax law reform project, the Common Consolidated Corporate Tax Base (CCCTB) Proposal, that aims to properly tax MNE taxpayers’ cross-border income by a pre-decided formula. The tax neutrality principle should be not be based on the no-tax baseline but interpreted as ‘faithfully reflecting the taxpayers’ economic activities throughout EU’. EU Member States should maintain proper fiscal autonomy to decide their actual administration inputs (the public benefit provided) and their own method to implement the EU level corporate group taxation (the subsidiarity principle). This trio-formulated neutrality concept falls between Rawls’ liberalism theory and Nozick’s libertarianism theory, closer to Liam Murphy and Thomas Nagel’s tax jus- tice theory. Such trio-combination also better regulates the interactions of the three actors in the EU internal market: EU, Member States and MNE taxpayers. This reformed neutrality is a more appropriate norm than one single economic or legal principle for the EU corporate tax reform.
Keywords: European Union – Common Consolidated Corporate Tax Base (CCCTB) – the tax neutrality – the benefit principle – liberalism – libertar- ianism – the subsidiarity principle – Formulary Apportionment – tax justice
Economic integration aims to reduce costs and increase trade between countries by eliminating trade barriers and aligning economic policies. The main benefits of economic integration include reduced trade costs, increased availability of goods and services, and liberalized movement of employees between countries. However, economic integration also faces drawbacks like criticism from nationalists who see it as a loss of sovereignty. Major economic integration agreements and organizations discussed in the document include the European Union, NAFTA, ASEAN, EFTA, and SAARC.
This document discusses citizens' power to hold public institutions accountable through participation in decision making. It describes SIGMA as a joint OECD-EU initiative that helps countries strengthen governance. Public administration is important for the EU accession process though not a formal chapter. Policy tools like impact assessments and consultation are emphasized as mechanisms for accountability and public input. Open policy making, data sharing and framing of issues can impact decisions and unintended consequences may arise, so participation is key.
Sub-national governments exist to allocate public goods and services at a local level. The document discusses fiscal decentralization versus centralization and describes the Tiebout model of jurisdictional competition. It outlines South Africa's assignment of expenditures and revenues across national, provincial, and local governments. The types and purposes of intergovernmental grants are reviewed along with sub-national borrowing powers and the role of the FFC. Trends in provincial and local financing in South Africa are also discussed.
Dr. Lyla Latif discusses money and fiscal issues in Africa. She outlines 7 constructs that shape fiscal policy: 1) policies are decisively shaped by colonial structures and power relations; 2) frameworks are framed around aid and debt obligations; 3) treaties prioritize foreign direct investment over domestic needs; 4) vulnerabilities like illicit financial flows extract billions annually; 5) human rights and social goals are not always considered; 6) international negotiations influence domestic decisions; 7) digitalization is evolving fiscal challenges. Overall, post-colonial fiscal systems struggle with dependencies that undermine self-determination, welfare, and equitable development.
1) Ghana signed tax treaties with Switzerland and the Netherlands in 2008 that reduced the royalty and technical service fee taxes Ghana could collect on payments flowing out of the country from 15% to 8%, resulting in increased tax losses.
2) Tax treaties are not always necessary to prevent double taxation and empirical studies do not find they increase investment, while they always result in developing countries giving up some taxing rights to developed countries.
3) Developing country tax officials are often not well trained in international taxation and tax treaties, leading to weaker negotiating positions and treaties that more strongly reflect the positions of developed country partners.
Tax Sovereignty and Digital Economy in Post-BEPS TimesRamon Tomazela
This chapter discusses challenges that digital transactions pose to traditional concepts of tax sovereignty, especially as international tax regimes need to adapt to the new digital economy. It first discusses how the principle of territoriality and recognition of tax jurisdiction developed in international law. It then addresses how tax jurisdiction has expanded due to the development of e-commerce and new business models, demonstrating the process of reconfiguring the concept of tax sovereignty. Finally, it focuses on how the consumer market now stands out as the main connecting factor for taxing income derived from e-commerce, representing a new facet of tax sovereignty in a globalized world.
The document provides an overview of the East African Community (EAC) and its stages of integration. It summarizes that the EAC aims to establish a customs union, common market, monetary union, and ultimately a political federation among its partner states. This is to create a larger economic bloc with the benefits of increased trade, investment, and political stability in the region. The stages so far include establishing a customs union in 2005 and a common market in 2010, with monetary union planned for 2012. Full political federation would involve the partner states ceding some sovereignty to a central political authority.
national differences in political economy
,
what is individualism?
,
what is a political economy?
,
what is a political system?
,
what is collectivism?
,
how does modern-day socialism look?
,
how can intellectual property be protected?
,
how are contracts enforced in different legal syst
,
what is product safety and liability
,
how are property rights and corruption related?
,
what is an economic system
,
what is totalitarianism?
,
what is a legal system?
The International Conference on Civil Society Space discussed strategies to defend and expand shrinking civil society space. Civil society faces increasing pressure globally from states and non-state actors. Restrictions undermine development goals. Participants discussed how to promote enabling environments through multi-stakeholder partnerships and inclusive dialogue. Recommendations included strengthening CSO effectiveness, shifting support to the local level, and improving spaces for civil society participation in policymaking.
The APSE Local Government Commission 2030 report makes recommendations to revitalize and strengthen local government in the UK over the next decade. It calls for (1) enshrining local government's role and powers in a new constitutional settlement, (2) devolving more powers and services to local control through new Devolution Bills, and (3) establishing a long-term, sustainable funding model to ensure local authorities have sufficient resources to meet community needs. The report is based on extensive consultation and aims to address issues like inadequate funding, lack of democratic accountability, and workforce challenges facing local government.
The document provides an executive summary of an international evidence review on local taxation systems conducted for the Commission on Local Tax Reform in Scotland. Key findings of the review include:
1) Property taxes are widely used internationally but other local taxes like income taxes are also common, unlike the UK's sole reliance on council tax.
2) Property tax designs vary greatly and reforms often aim to address fairness, revenue needs, or simplification.
3) Successful reforms phase changes gradually, address liquidity issues, and improve services alongside tax changes to boost public support.
4) The council tax system in the UK has design flaws and its problems could have been foreseen based on international evidence on challenges with property tax reforms.
Regional integration refers to the process where states enter agreements to enhance cooperation through regional institutions and rules. The key objectives of regional integration include strengthening trade, private sector development, economic growth, good governance, and reducing social exclusion. Regional trade agreements (RTAs) like the European Union (EU) and North American Free Trade Agreement (NAFTA) aim to reduce tariffs and trade barriers between member nations. Other RTAs discussed include the Association of Southeast Asian Nations (ASEAN), South Asian Association for Regional Cooperation (SAARC), and the South Asian Free Trade Area (SAFTA) which seeks to establish a free trade area across South Asia.
Regional economic integration refers to agreements among countries in a geographic region to reduce and ultimately remove tariffs and non-tariff barriers to trade. There are various levels of integration including free trade areas, customs unions, common markets, economic unions, and political unions. The document discusses the case for and disadvantages of regional integration. Key benefits include increased specialization and economic growth from free trade, as well as greater political cooperation and foreign investment attraction. History and structures of economic unions like the EU, NAFTA, and ASEAN are also outlined.
Togo has a population of 7.6 million people and its economy was previously dominated by German and French colonial rule until independence in 1960. The document discusses Togo's legal system and land ownership policies, noting that land is held under private ownership. It outlines the country's land tenure system and legal framework, including the influence of customary law, national law, and international law. Recommendations are made to strengthen land rights and reform policies to promote economic growth while respecting social and community interests.
Chapter 2 Tax.pptx best power point presentationKalkaye
This document provides an overview of taxation concepts including:
- The meaning and objectives of taxation including raising revenue and reducing inequality.
- Characteristics of tax systems such as being compulsory, levied by the government, and providing public benefits.
- Principles of taxation including equity, certainty, and minimizing costs and economic distortions.
- Different types of taxes and how tax rates and structures are determined.
The basics about international treaties designed to prevent fiscal evasion, avoid double taxation and more recently to demonstrate compliance with global standards on transparency and the exchange of confidential taxpayer information. Commonly referred to as 'double taxation agreements' there are over 2,000 of this bilateral agreements in existence. www.franhendy.com ; @franhendy; www.facebook.com/franhendy
The WTO agreements establish principles for international trade including non-discrimination through most-favored-nation status and national treatment. They aim to promote fair competition through rules on dumping, subsidies, and intellectual property protection. The agreements cover trade in goods, services, and intellectual property through agreements like GATT, GATS, and TRIPS, with the goal of gradually liberalizing trade through negotiation and making the trading system more predictable and transparent.
- Tax systems within the European Union are highly divergent, with corporate tax rates ranging from 12% in Ireland to 33% in France and Belgium.
- France has higher nominal tax rates and narrower tax bases compared to other EU countries, resulting in high tax burdens. Ireland has lower overall tax burdens with a strong reliance on direct taxes like income tax.
- Ireland's 12.5% corporate tax rate has helped attract significant foreign direct investment, though economists disagree on its overall impact on Ireland's growth. France finances higher public services through taxes.
The political, legal and Technological Environment 南臺科技大學
This document discusses the political, legal, and technological environment that multinational corporations operate within globally. It introduces different political ideologies and systems, the four foundations of global law, principles of international law, issues regarding technology and global production shifts, and how advances in certain technologies may impact developing nations.
Introduction to Public Finance and Taxation.pptxgetabelete
This document provides an overview of public finance and taxation in Ethiopia. It discusses key topics such as the role of government, sources of government revenue including taxes, the principles and theories of taxation, and the history of modern taxes in Ethiopia. Specifically, it outlines the introduction and evolution of major taxes like income tax, agricultural taxes, education and health taxes, excise duties, and customs duties since the 1940s. It also summarizes Ethiopia's fiscal federalism and revenue sharing framework under the country's constitution.
10 key points to reform immigration, asylum and citizenship lawsAndrea Ciantar
The document outlines ASGI's manifesto to reform Italian immigration, asylum, and citizenship laws. It proposes 10 key points, including diversifying entry permits, developing a mechanism for regularizing undocumented immigrants, strengthening family reunification rights, closing immigrant detention centers, respecting asylum rights, ensuring non-discrimination, and protecting victims of human trafficking. It argues the European Union should move towards free movement of people and stop financing countries that violate human rights.
L'imposta integrativa e il Pillar II: i meccanismi di riscossioneUniversity of Ferrara
Presentazione discussa durante il seminari organizzato presso l'Università cattolica del Sacro Cuore di Milano dall'Ordine dei dottori commercialisti di Milano
1) Ghana signed tax treaties with Switzerland and the Netherlands in 2008 that reduced the royalty and technical service fee taxes Ghana could collect on payments flowing out of the country from 15% to 8%, resulting in increased tax losses.
2) Tax treaties are not always necessary to prevent double taxation and empirical studies do not find they increase investment, while they always result in developing countries giving up some taxing rights to developed countries.
3) Developing country tax officials are often not well trained in international taxation and tax treaties, leading to weaker negotiating positions and treaties that more strongly reflect the positions of developed country partners.
Tax Sovereignty and Digital Economy in Post-BEPS TimesRamon Tomazela
This chapter discusses challenges that digital transactions pose to traditional concepts of tax sovereignty, especially as international tax regimes need to adapt to the new digital economy. It first discusses how the principle of territoriality and recognition of tax jurisdiction developed in international law. It then addresses how tax jurisdiction has expanded due to the development of e-commerce and new business models, demonstrating the process of reconfiguring the concept of tax sovereignty. Finally, it focuses on how the consumer market now stands out as the main connecting factor for taxing income derived from e-commerce, representing a new facet of tax sovereignty in a globalized world.
The document provides an overview of the East African Community (EAC) and its stages of integration. It summarizes that the EAC aims to establish a customs union, common market, monetary union, and ultimately a political federation among its partner states. This is to create a larger economic bloc with the benefits of increased trade, investment, and political stability in the region. The stages so far include establishing a customs union in 2005 and a common market in 2010, with monetary union planned for 2012. Full political federation would involve the partner states ceding some sovereignty to a central political authority.
national differences in political economy
,
what is individualism?
,
what is a political economy?
,
what is a political system?
,
what is collectivism?
,
how does modern-day socialism look?
,
how can intellectual property be protected?
,
how are contracts enforced in different legal syst
,
what is product safety and liability
,
how are property rights and corruption related?
,
what is an economic system
,
what is totalitarianism?
,
what is a legal system?
The International Conference on Civil Society Space discussed strategies to defend and expand shrinking civil society space. Civil society faces increasing pressure globally from states and non-state actors. Restrictions undermine development goals. Participants discussed how to promote enabling environments through multi-stakeholder partnerships and inclusive dialogue. Recommendations included strengthening CSO effectiveness, shifting support to the local level, and improving spaces for civil society participation in policymaking.
The APSE Local Government Commission 2030 report makes recommendations to revitalize and strengthen local government in the UK over the next decade. It calls for (1) enshrining local government's role and powers in a new constitutional settlement, (2) devolving more powers and services to local control through new Devolution Bills, and (3) establishing a long-term, sustainable funding model to ensure local authorities have sufficient resources to meet community needs. The report is based on extensive consultation and aims to address issues like inadequate funding, lack of democratic accountability, and workforce challenges facing local government.
The document provides an executive summary of an international evidence review on local taxation systems conducted for the Commission on Local Tax Reform in Scotland. Key findings of the review include:
1) Property taxes are widely used internationally but other local taxes like income taxes are also common, unlike the UK's sole reliance on council tax.
2) Property tax designs vary greatly and reforms often aim to address fairness, revenue needs, or simplification.
3) Successful reforms phase changes gradually, address liquidity issues, and improve services alongside tax changes to boost public support.
4) The council tax system in the UK has design flaws and its problems could have been foreseen based on international evidence on challenges with property tax reforms.
Regional integration refers to the process where states enter agreements to enhance cooperation through regional institutions and rules. The key objectives of regional integration include strengthening trade, private sector development, economic growth, good governance, and reducing social exclusion. Regional trade agreements (RTAs) like the European Union (EU) and North American Free Trade Agreement (NAFTA) aim to reduce tariffs and trade barriers between member nations. Other RTAs discussed include the Association of Southeast Asian Nations (ASEAN), South Asian Association for Regional Cooperation (SAARC), and the South Asian Free Trade Area (SAFTA) which seeks to establish a free trade area across South Asia.
Regional economic integration refers to agreements among countries in a geographic region to reduce and ultimately remove tariffs and non-tariff barriers to trade. There are various levels of integration including free trade areas, customs unions, common markets, economic unions, and political unions. The document discusses the case for and disadvantages of regional integration. Key benefits include increased specialization and economic growth from free trade, as well as greater political cooperation and foreign investment attraction. History and structures of economic unions like the EU, NAFTA, and ASEAN are also outlined.
Togo has a population of 7.6 million people and its economy was previously dominated by German and French colonial rule until independence in 1960. The document discusses Togo's legal system and land ownership policies, noting that land is held under private ownership. It outlines the country's land tenure system and legal framework, including the influence of customary law, national law, and international law. Recommendations are made to strengthen land rights and reform policies to promote economic growth while respecting social and community interests.
Chapter 2 Tax.pptx best power point presentationKalkaye
This document provides an overview of taxation concepts including:
- The meaning and objectives of taxation including raising revenue and reducing inequality.
- Characteristics of tax systems such as being compulsory, levied by the government, and providing public benefits.
- Principles of taxation including equity, certainty, and minimizing costs and economic distortions.
- Different types of taxes and how tax rates and structures are determined.
The basics about international treaties designed to prevent fiscal evasion, avoid double taxation and more recently to demonstrate compliance with global standards on transparency and the exchange of confidential taxpayer information. Commonly referred to as 'double taxation agreements' there are over 2,000 of this bilateral agreements in existence. www.franhendy.com ; @franhendy; www.facebook.com/franhendy
The WTO agreements establish principles for international trade including non-discrimination through most-favored-nation status and national treatment. They aim to promote fair competition through rules on dumping, subsidies, and intellectual property protection. The agreements cover trade in goods, services, and intellectual property through agreements like GATT, GATS, and TRIPS, with the goal of gradually liberalizing trade through negotiation and making the trading system more predictable and transparent.
- Tax systems within the European Union are highly divergent, with corporate tax rates ranging from 12% in Ireland to 33% in France and Belgium.
- France has higher nominal tax rates and narrower tax bases compared to other EU countries, resulting in high tax burdens. Ireland has lower overall tax burdens with a strong reliance on direct taxes like income tax.
- Ireland's 12.5% corporate tax rate has helped attract significant foreign direct investment, though economists disagree on its overall impact on Ireland's growth. France finances higher public services through taxes.
The political, legal and Technological Environment 南臺科技大學
This document discusses the political, legal, and technological environment that multinational corporations operate within globally. It introduces different political ideologies and systems, the four foundations of global law, principles of international law, issues regarding technology and global production shifts, and how advances in certain technologies may impact developing nations.
Introduction to Public Finance and Taxation.pptxgetabelete
This document provides an overview of public finance and taxation in Ethiopia. It discusses key topics such as the role of government, sources of government revenue including taxes, the principles and theories of taxation, and the history of modern taxes in Ethiopia. Specifically, it outlines the introduction and evolution of major taxes like income tax, agricultural taxes, education and health taxes, excise duties, and customs duties since the 1940s. It also summarizes Ethiopia's fiscal federalism and revenue sharing framework under the country's constitution.
10 key points to reform immigration, asylum and citizenship lawsAndrea Ciantar
The document outlines ASGI's manifesto to reform Italian immigration, asylum, and citizenship laws. It proposes 10 key points, including diversifying entry permits, developing a mechanism for regularizing undocumented immigrants, strengthening family reunification rights, closing immigrant detention centers, respecting asylum rights, ensuring non-discrimination, and protecting victims of human trafficking. It argues the European Union should move towards free movement of people and stop financing countries that violate human rights.
Similar to Solidarity and Taxation: the Ubuntu approach in South Africa (20)
L'imposta integrativa e il Pillar II: i meccanismi di riscossioneUniversity of Ferrara
Presentazione discussa durante il seminari organizzato presso l'Università cattolica del Sacro Cuore di Milano dall'Ordine dei dottori commercialisti di Milano
La riforma del processo tributario: il principio di chiarezza e sinteticitàUniversity of Ferrara
Sintesi dell'intervento tenuto online il 26 gennaio 2024 al convegno organizzato da PRODIGT - Architetture tributarie nell'ambito dei seminari della giustizia tributaria
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This is the presentation delivered during the July 13th 2023 class at the Summer School in Environmental taxation at the University Federico II of Naples. It is the update of the 2022 edition.
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Solidarity and Taxation: the Ubuntu approach in South Africa
1. Solidarity and Taxation:
the Ubuntu approach in South Africa
Lizelle R. Calvino, Mthokozisi F. Khuzwayo,
Lorraine Greyling, Anne Soldat and Marco Greggi
Tilburg, 24 May 2024
2. Outline of the Presentation
(and of the Paper)
• The UN and the OECD approach: a South African Point of view;
• Ubuntu as a Pathway to Equitable Taxation in International Systems
• Legislative Framework Anchored in Ubuntu Philosophy: The South African Case
• The South African Tax System and its Development consistently with the Solidarity Principle
• Harmonizing Taxation with Ubuntu Philosophy: Toward Equitable and Inclusive International Tax Policies
• Ubuntu as the Theoretical Foundation of the UN Tax Policy in the Years to come
• Concluding remarks
2
3. The Influence of the
UN Charter on Taxation …
• Article 55: inclusive and joint forum to address economic issues
• Article 56: all Member States pledge to take joint and separate action in cooperation with the
Organization for the achievement of these purposes;
• “joint “ and separate” achievement of the goals, it may be argued that the international community should act
as one in addressing rising economic development and challenges of the states.
• The UN has never consistently taken relevant initiatives in the field of taxation as required in terms
of Articles 55 and 56 of the Charter.
• The Economic and Social Council has delivered papers and a Model Tax Convention, but the momentum was
lost in favour of the Organization for Economic Cooperation and Development (OECD).
3
4. … and the Making of
the International Tax System
• Influence on International Tax Policy
• OECD’s cohesion membership and economic performance have facilitated a dominant role in international tax policymaking
• Goal of any treaty: prevent international double taxation and address international tax avoidance;
• The structure of the Treaty provides for several criteria to be used to regulate where taxes (on income) should be charged if
revenue is produced in one state but received by a resident in another contracting state.
• The dichotomy between source-based and residence-based taxation is the backbone of the OECD Model Tax Convention;
• Attribution criteria in this model are unfair as they tend to favor the state of residence against the state of the
source which is not in line with Article 55 of the UN Charter.
• We contend that this outcome arises from a qualitative perspective, as the principles of social justice, fairness, and
redistribution of wealth are not addressed in any of the tax treaties
4
5. Continued: the Nature of the Treaties
• Treaties are coherent with a social contract approach:
• Allegiance to a community is mediated by negotiations and consensus to a
specific set of reciprocal obligations;
• Social inequalities (between states) are therefore not considered, as treaties
are functional to the prevention of double taxation only;
• Approach is in line with the OECD–inspired understanding of
international tax law, which distinguishes between international and
domestic perspectives on taxation.
5
6. And the Justification of Taxes
(in the part of the World)
• Duty to pay domestic taxes is often underpinned by social, ideological,
cultural criteria (and always legal);
• Duty to pay taxes, is connected to a quasi-contractual relationship, in
pursuit of some sort of equality as underpinned by the Constitution of
the case;
• The international tax system, on the other hand, is built on bilateral treaties
and does not pursue equality via redistribution of wealth, nor an attempt to
address social injustices;
• If inequalities and injustices are to be addressed, then the contractual model
should be revised.
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7. Introducing Ubuntu as a
Pathway to Equitable Taxation
• African states: different understanding of social relations:
• Community-based approach of Ubuntu in terms of which collective well-being and
societal solidarity are emphasized.
• African model:
• Operates horizontally, holding individuals accountable to others as members of a
community
• Instead of a one-to-one relationship, the Ubuntu approach to social relations
embraces a one-to-many connection, that covers both rights and obligations;
• Infused in terms of the Constitution of the Republic of South Africa, 1996,
certain South African legislation as well as domestic tax policy.
• Ubuntu philosophy into international tax frameworks offer profound insights and pave
the way for the development of a more equitable global tax policy, an alternative to
the European approach.
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8. Continued: Ubuntu Approach
• Ubuntu prizes harmonious relationships and behaviors that do not
jeopardize others;
• Interdependence, interconnectedness, and communalism are all key to
the Ubuntu philosophy;
• Ubuntu philosophy can operate as an interpretive tool for the rules in
force, by eventually expanding the scope of anti-avoidance or anti-
abuse provisions.
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9. Legislative Framework:
the South Africa Case
• The Interim Constitution of South Africa made a poignant reference to
Ubuntu in its epilogue;
• It highlights the imperative of fostering understanding over vengeance,
reparative actions over retaliation, and the ethos of Ubuntu over
victimization;
• This emphasis underscored the transitional nature of the constitutional
framework, steering the country away from the scars of apartheid towards a
society grounded in compassion, reconciliation, and shared humanity.
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10. The Constitutional Value of Ubuntu
• Sec. 1 establishes a democratic state founded on the values of human dignity, equality, and
freedom which values are at the core of Ubuntu’s philosophy:
• The Bill of Rights, enshrined in the Constitution, upholds fundamental rights and freedoms;
• Sec. 39 mandates the courts (…) to interpret the Bill of Rights in line with an open and democratic
society, based on the foundational values of human dignity, equality, and freedom:
• The latter provision thus extends beyond mere legal interpretation as it encompasses a broader societal ethos
that emphasizes collective well-being, social cohesion, and the recognition of interconnectedness;
• The influence of Ubuntu as a constitutional value is palpable through the constitutional framework's
commitment to fostering an open, democratic society;
• Influences jurisprudence, shaping South Africa's legal landscape and societal ethos post-apartheid, and playing
an important role in the making of South African tax law.
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11. Judicial Precedents
• First judicial acknowledgments of Ubuntu dates to 1876 the importance of promoting equity and
fairness alongside contractual freedoms was emphasized (Mills and Sons vs Benjamin Brothers
1876);
• S v Mkhwanayana 1995(3) SA 391 (CC), Mokgoro J. defined Ubuntu as “humaneness”.
• In its most fundamental sense, it translates as personhood and “morality”;
• The Citizen 1978 (Pty) Ltd and Others v McBride (CCT 23/10) [2011] ZACC 11 illustrated how Ubuntu
permeates legal decisions, constitutional values, and community norms, enriching South African
jurisprudence;
• Port Elizabeth Municipality v Various Occupiers: The spirit of Ubuntu, is part of the deep cultural
heritage of the majority of the population;
• Dikoko v Mokhatla: Our constitutional democracy, the basic constitutional value of human dignity,
relates closely to Ubuntu or both, an idea based on a deep respect for the humanity of another.
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12. Making sense of Ubuntu in Taxation
• Ubuntu’s values of compassion and interconnectedness inform tax administration
practices;
• South African Tax Administration Act 28 of 2011 provides for effective and efficient tax
collection as well as for the protection of taxpayers’ rights and the pursuit of fairness;
• Ubuntu calls for balancing individual and collective interests. It could be argued that policymakers should
weigh the needs of foreign investors against the revenue requirements of their citizens;
• Transparent policies that hold governments accountable for the effective use of tax revenues are
underpinned by the Ubuntu principle;
• Community participation in decision-making is another key concept in the developing of the
South African approach to solidarity:
• When designing tax systems, policymakers can prioritize policies that benefit the broader population
rather than just a select few;
• Applying Ubuntu to taxation by promoting fairness and equitable distribution of resources.
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13. Ubuntu contribute to UN Tax Policy
• For years the UN and prominent stakeholders have advocated the necessity to address
international tax governance from different perspectives.
• Method by which decisions are taken and …
• Their content (the international tax agenda);
• Although steps have been taken, the developing countries and the lower-income countries, have a
role that is not proportional to their latest position in the globe (Global South);
• The Ubuntu approach might provide adequate justification for a paradigm shift, and the social and
moral legitimization of a bottom-up method in proposing reform to the international tax system;
• The expansion of the power to tax by the source state, as admitted by the UN's latest changes to the Model Tax
Convention, would find a legal justification;
• These changes are thus not solely according to an agenda inspired by social justice.
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14. Concluding Remarks
• The contractual approach (do ut des) still inspires policymaking even in
scenarios where inclusive framework exists;
• The Ubuntu perspective on taxation, with its focus on solidarity and
wealth redistribution, has the potential to surpass the current
scenario.
• Paradigm shift in taxation approach and benefit distribution is
theoretically justifiable, but it requires endorsement by representative
bodies and alignment with diverse cultural values.
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