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Thursday, July 6, 2023

Claussen: Tax Intelligence

Kathleen Claussen (Georgetown; Google Scholar), Tax Intelligence, 72 Duke L.J. On-line 155 (2023):

Duke Law Journal (2022)Firstly of 2023, tax policymakers are more and more considering how tax regulation and coverage may bolster U.S. international coverage objectives. The latest proposals search to leverage data gathered from tax reporting—what this Essay calls “tax intelligence.” Nonetheless, entrance and middle in contemplating how tax intelligence can be utilized to make international coverage is a problem: how that data could make its manner by the grinder of our international commerce forms in furtherance of productive outcomes. To deal with this problem and amplify the promise of those proposals, this Essay gives 4 contributions.

First, it demonstrates that these proposals make a vital transfer in tax that’s in line with and reinforcing of a pattern in different areas of U.S. geoeconomic technique: they urge intensified reliance on companies as topics, inputs, targets, and collaborators in international policymaking. Second, it argues that commentators are underselling the intelligence worth of reporting. Third, this Essay contends that a greater administrative infrastructure is sorely wanted for tax in addition to for different international financial devices to make these reporting efforts profitable. Fourth, this Essay concludes that bringing tax into the toolkit may have an surprising and ironic normalizing impact on geoeconomic insurance policies in our regulatory system. Provided that tax regulation is itself typically thought-about distinctive, bringing it into the gathering of emergency international industrial instruments is prone to make these instruments seem much less extraordinary—for higher and for worse.

https://taxprof.typepad.com/taxprof_blog/2023/07/claussen-tax-intelligence.html

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