Policy & Legal Issues Raised by the Proposed U.S. Border Adjustable Tax

Asian Journal of WTO & International Health Law and Policy, Vol. 12, No. 2, pp. 289-310, September 2017

22 Pages Posted: 3 Oct 2017

See all articles by Andrew D. Mitchell

Andrew D. Mitchell

Faculty of Law, Monash University

Emma Gan

National University of Singapore (NUS)

Date Written: September 29, 2017

Abstract

This article considers the policy and legal issues raised by the Border Adjustable Tax (hereinafter “BAT”), part of the tax reforms proposed by the Republican Tax Reform Task Force. After explaining the BAT and the functions it is intended to serve, it examines the compatibility of the BAT with World Trade Organization (hereinafter “WTO”) obligations, concluding that it is likely to violate a number of WTO Agreements. It suggests modifications to the measure to assist with WTO compatibility while still addressing concerns about boosting United States (hereinafter “U.S.”) tax revenue.

Keywords: World Trade Organization (WTO) law, Republican Tax Reform Task Force, Border Adjustable Tax (BAT), Destination Based Cash Flow Tax (DBCFT), General Agreement on Tariffs and Trade (GATT), General Agreement on Trade in Services (GATS), Agreement on Subsidies and Countervailing Measures (SCM Agreement)

Suggested Citation

Mitchell, Andrew D. and Gan, Emma, Policy & Legal Issues Raised by the Proposed U.S. Border Adjustable Tax (September 29, 2017). Asian Journal of WTO & International Health Law and Policy, Vol. 12, No. 2, pp. 289-310, September 2017, Available at SSRN: https://ssrn.com/abstract=3045162

Andrew D. Mitchell (Contact Author)

Faculty of Law, Monash University ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Emma Gan

National University of Singapore (NUS) ( email )

1E Kent Ridge Road
NUHS Tower Block Level 7
Singapore, 119228
Singapore

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
47
Abstract Views
391
PlumX Metrics