Principles vs. Rules: Toward a More Fundamental Formulation of Tax Law
3 Pages Posted: 3 Aug 2008
Date Written: May 29, 2006
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.
Keywords: tax,rule, principle, principles-based, Vienna Convention on the Law of Treaties, VCLT
JEL Classification: K34
Suggested Citation: Suggested Citation