Principles vs. Rules: Toward a More Fundamental Formulation of Tax Law

Abstract:     
This Viewpoint first sketches out the benefits and drawbacks of tax law based alternatively on broad/general principles and elaborative rules. It then suggests that principles-based tax statutes might best be applied and interpreted using the four factors in Article 31(1) of the Vienna Convention on the Law of Treaties. Those factors are plain meaning, with recourse to context and/or object and purpose if necessary, all under the umbrella of good faith.

Number of Pages in PDF File: 3

Keywords: tax,rule, principle, principles-based, Vienna Convention on the Law of Treaties, VCLT

JEL Classification: K34

Accepted Paper Series