Is Sunlight the Best Disinfectant? Reassessing BEPS Action 5’s Tax Ruling Transparency

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The OECD’s BEPS Project was a major attempt to harmonize tax principles across jurisdictions and prevent tax-motivated artificial profit shifting. One portion of the BEPS Project is Action 5’s tax ruling transparency framework. High-profile instances of tax avoidance, such as LuxLeaks and the Apple/Ireland state aid case, have only elucidated the extent to which tax authorities can use rulings to facilitate tax avoidance. However, it should not be expected that Action 5’s tax ruling transparency will materially curb the use of rulings to aid tax avoidance.

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