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Avoidance, Evasion, and Taxpayer Morality

17 Pages Posted: 30 Mar 2014  

Allison Christians

McGill University - Faculty of Law

Date Written: March 29, 2014

Abstract

In popular discourse, tax evasion by wealthy individuals is conflated with tax avoidance by multinational corporations to tell a single story about tax dodging and its negative impact on society. But conflating avoidance and evasion muddies the tax policy waters in important ways by turning legal obligations into moral ones. This Essay, prepared in connection with the Washington University School of Law colloquium on “Conceptualizing a New Institutional Framework for International Taxation,” makes the case for caution in using morality as a stop-gap measure to avoid drawing a regulated line between tax evasion and tax avoidance, while still meting out punishment within the undefined space between these two poles. It acknowledges the political gains derived from the rhetoric of morality but argues that the alternate view — that taxpayer behavior must ultimately be managed by law rather than social sanction — has the best chance of driving tax policy toward greater coherence in the long run because it makes the best case for more transparency in both lawmaking and the consequences of legislative decisions.

Keywords: Taxation, tax avoidance, tax evasion, morality, ethics, multinationals, offshore, rule of law

JEL Classification: H11, H21, H87, F02, F50, F53, F59, Z13, E63, H2, K33, K34, N40, P45

Suggested Citation

Christians, Allison, Avoidance, Evasion, and Taxpayer Morality (March 29, 2014). Washington University Journal of Law and Policy, Vol. 44, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2417655

Allison Christians (Contact Author)

McGill University - Faculty of Law ( email )

1001 Sherbrooke St. W
Montreal, Quebec H3A 1G5
Canada

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