Is Aggressive Tax Planning a Failure of Tax Adviser Integrity?

Journal of Financial Crime, © Emerald Publishing Limited, 1359-0790, DOI 10.1108/JFC-08-2023-0207

Saint Louis U. Legal Studies Research Paper No. 2023-13

Posted: 22 Nov 2023 Last revised: 26 Jan 2024

See all articles by Henry Ordower

Henry Ordower

Saint Louis University - School of Law

Abstract

This paper aims to address the fundamentals of tax planning and seeks to focus on the opportunities and root causes for tax planning, as it reviews the current state of tax planning with case studies that reveal fundamental statutory structural opportunities. The paper observes that while some, possibly many, tax advisers lack integrity and recommend tax structures to their clients that are inconsistent with reasonable interpretations of the tax law, most advisers, even very aggressive and creative advisers, probably do not. The paper suggests that it may be futile to seek to deter tax professionals from designing and marketing tax plans unless legislation makes tax advisers jointly responsible with their clients for their clients’ tax underpayments. Short of such a radical approach, governments must commit first to altering the basic structure of their tax laws to make aggressive tax planning uninviting. The paper offers original insights into the inseparability of the legislative process from the legislative creation of unnecessary tax planning opportunities.

Keywords: Taxation, Tax avoidance, Tax planning, Tax evasion, Tax professionals, Tax legislation

JEL Classification: H20, H24, H26, K4

Suggested Citation

Ordower, Henry, Is Aggressive Tax Planning a Failure of Tax Adviser Integrity?. Journal of Financial Crime, © Emerald Publishing Limited, 1359-0790, DOI 10.1108/JFC-08-2023-0207, Saint Louis U. Legal Studies Research Paper No. 2023-13, Available at SSRN: https://ssrn.com/abstract=4640432

Henry Ordower (Contact Author)

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States

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

Paper statistics

Abstract Views
281
PlumX Metrics