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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Tax Amnesties

Edited by: Jacques Malherbe

ISBN13: 9789041133649
Published: January 2011
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £104.00

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The controversial assumption that underlies tax amnesties is that, at least in some situations, it is preferable to sacrifice the penalties for past non-compliance (and perhaps even the tax owing itself) in exchange for improved compliance in the future.

Some commentators argue that tax amnesties actually undermine future compliance, because some taxpayers may be encouraged to engage in non-compliance in anticipation of future tax amnesty. Consequently, tax amnesties must be designed and implemented cautiously from a public policy perspective.

The scope of this highly relevant book is impressive. It covers the experience with tax amnesties of a variety of countries, deals with the constitutionality, morality, and economic effects of tax amnesties, and discusses the compatibility of tax amnesties with international agreements, in particular, the Treaty of the European Community.

As the renowned international tax expert Brian Arnold observes in the work’s foreword: ‘The book is an important contribution to the literature on tax amnesties, as there is no comparable source dealing with the topic . . . It is timely because the elimination of bank secrecy and the proliferation of Tax Information Exchange Agreements with tax havens have led several countries to adopt tax amnesty programs. The book should be required reading for tax practitioners, scholars, and tax policy officials.’

About the Authors
Chapter 1 The International Demise of Bank Secrecy as an Incentive to Tax Amnesties
Chapter 2 Description and Legal Effects of Amnesties in Selected Countries
Chapter 3 Constitutionality and Legality of Tax Amnesties
Chapter 4 Compatibility of Amnesties with International Agreements
Chapter 5 Economic and Moral Evaluation of Tax Amnesties
Appendix 1 Italy
Appendix 2 Belgium
Appendix 3 Switzerland
Appendix 4 Argentina
Appendix 5 Canada
Appendix 6 Brazil
Appendix 7 United States of America
Appendix 8 United Kingdom
Appendix 9 Mexico
Appendix 10 Austria
Appendix 11 Judgment of the European Court of Justice of July 17, 2008 Italian VAT Amnesty
Appendix 12 Opinion of Advocate General Sharpston October 25, 2007
Appendix 13 Greece