PREVENTION OF INCOME AND PROFIT-SHIFTING TO TAX HAVEN COUNTRIES IN NIGERIA
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Edinburgh University Press
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Abstract
The integration of international trade and economy from various technological
advancements in transportation and communication resulted in globalisation of
the world economy. Globalisation, in turn, freed the erstwhile geographical and
territorial limitations and boundaries in international trade and business activities.
This allowed companies to extend their business activities and operations by
establishing subsidiaries in countries other than where they are headquartered.
The geographical boundary between a company located in one country and
its subsidiary located in another country makes it possible for cross-border
international transfer of goods and services to occur in transactions between the
company and its subsidiary.
The basic economic objectives of every company are to reduce tax payment
and increase the profit and wealth of their shareholders. This is a legal obligation
which every company owes their shareholders. Therefore, as rational economic
actors, companies exploit various ways to achieve these economic objectives to
promote their success as well as the interest of their shareholders. The major
strategy usually employ by companies to achieve these economic objectives
is to avoid tax payment by shifting their incomes or profits from high tax
jurisdictions/countries to low or no tax jurisdictions/countries. This is mostly achieved by over-invoicing/pricing of transaction for the purpose of shifting
income or profit.
These low or no tax jurisdictions/countries are referred to as tax haven
countries which normally use sovereign legislative powers to preserve the secrecy
of financial transactions of companies and provide light regulations and levy low
or no tax on the incomes or profits of companies. This often attracts companies
seeking to set up shell corporations for the purpose of shifting income from high
tax jurisdictions to tax haven countries where their incomes and profits will not be
subjected to taxation.
The implication is that companies nowadays avoid paying tax in countries
where income or profit is earned. It is believed that capital flight arising from
incomes and profits shifting activities of companies has devastating effects on
the economy of developing countries including Nigeria. The Organisation for
Economic Co-operation and Development (OECD) in its 2014 Report noted
that illicit financial flow arising from income and profit-shifting activities strip
resources from developing countries that could be used to finance much-needed
public and social services such as health and education and that also weakens the
financial systems and the economic potential of developing countries.
It is observed that income and profit-shifting activities can have a negative
impact on the economic, social and political objectives of the governments who
are in need of tax revenue to provide public welfare for their citizens and
to redistribute wealth in the society to ensure socio-economic development of
their countries. Therefore, to secure the much-needed revenue in this regard,
governments will have to put in place regulation to prevent their tax bases from
being eroded through the tax avoidance scheme of income and profit-shifting to
tax haven countries. In the light of the foregoing, the article examines the fundamental features
of tax haven countries and the magnitude of revenue loss arising from income
and profit-shifting to tax haven countries. The article also considers the negative
effects of income and profit-shifting on the economy of developing countries, its
regulations in Nigeria as well as its international regulations. The article makes series of recommendations to prevent companies from shifting their incomes and
profits out of Nigeria to tax haven countries
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African Journal of International and Comparative Law 30(4) 539-559
