Corporate tax shelters

Joshua Blank and Ari Glogower

Chapter 21 in Research Handbook on Corporate Taxation, 2023, pp 348-365 from Edward Elgar Publishing

Abstract: In this chapter, we introduce a new approach to tax enforcement against corporate tax shelters in the United States. We argue that the "reportable transaction" rules, first introduced in response to the corporate tax shelter boom of the late 1990s, face significant limitations as the government’s primary response to abusive corporate tax shelters today. As we argue, these rules are reactive in that they often apply to emerging tax avoidance schemes rather than as a means of preempting abusive corporate tax planning. In addition, these rules may fail to deliver information that the IRS can use to detect corporate tax abuse, including due to manipulation of the disclosed information by the taxpayer. Finally, the IRS is likely to face litigation hurdles in designating “listed transactions” and “transactions of interest” through preemptive taxpayer challenges under the Administrative Procedure Act. In response, we propose three policy reforms that would mandate preemptive disclosure of broader categories of information related to tax planning from corporate taxpayers, in addition to the specific information that the reportable transaction rules currently target.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2023
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.elgaronline.com/doi/10.4337/9781803923116.00029 (application/pdf)
Our link check indicates that this URL is bad, the error code is: 503 Service Temporarily Unavailable

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:21557_21

Ordering information: This item can be ordered from
http://www.e-elgar.com
sales@e-elgar.co.uk

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Darrel McCalla (darrel@e-elgar.co.uk).