Approaches to Tax Avoidance Prevention in Seven Asian Jurisdictions: A Comparison

Abstract

This article compares the anti-avoidance approaches of South Korea, Japan, Indonesia, China, India, Malaysia and Singapore, addressing the statutory and judge-made general anti-avoidance rules in these jurisdictions.

The South Korea civil code sets out two general principles, intended to provide guidance in civil matters. These are the principle of good faith and the principle of prohibiting abuse of rights. However, these principles have not been directly or commonly accepted in South Korea with regard to tax matters. Japan has a targeted anti-avoidance rule aimed at deterring avoidance related to family company transactions. Articles 18 and 4 of the Indonesian Income Tax Act are the main specific anti-avoidance rules. China’s new Enterprise income Tax Law represents major changes from the previous tax regime. Owing to its British heritage, India has traditionally followed common law doctrine as opposed to civil law doctrine. Singapore has a general anti-avoidance rule in its tax code.

Keywords: Anti-Avoidance Rules, Tax Law

JEL Classification: K33, K34