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Neither Rules Nor Standards

Steven Dean

Brooklyn Law School

March 16, 2012

Notre Dame Law Review, Vol. 87, No. 2, p. 537, 2011
Brooklyn Law School, Legal Studies Paper No. 271

Specifying the content of a requirement or a prohibition up front — e.g. replacing a “reasonable speed” requirement with a fifty-five miles per hour speed limit — can make life easier for enforcers and citizens alike. Recent efforts to substitute international tax rules for decades-old standards may do just the opposite, jeopardizing the “miracle” that is today’s international tax regime. Enhanced information exchange and formulary apportionment will undermine the legitimacy that is essential to the success of any international legal regime. A better solution would overhaul the century-old benefits principle to weave enforcement deep into the fabric of the international tax regime. Only then will it meet today’s tests as successfully as it once rose to the challenge of double taxation.

Number of Pages in PDF File: 48

Keywords: international tax, tax policy, transfer pricing, tax evasion, benefits principle, rules, standards

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Date posted: March 18, 2012 ; Last revised: February 19, 2013

Suggested Citation

Dean, Steven, Neither Rules Nor Standards (March 16, 2012). Notre Dame Law Review, Vol. 87, No. 2, p. 537, 2011; Brooklyn Law School, Legal Studies Paper No. 271. Available at SSRN: https://ssrn.com/abstract=2025196

Contact Information

Steven Dean (Contact Author)
Brooklyn Law School ( email )
250 Joralemon Street
Brooklyn, NY 11201
United States

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