4 ms·
Evasion means you do not declare certain income, and that gets you in jail. I think that's obvious. You want people declaring their taxes. Avoidance, however, i
by charlesdm 10y ago
Evasion means you do not declare certain income, and that gets you in jail. I think that's obvious. You want people declaring their taxes. Avoidance, however, is staying within the law to achieve a beneficial outcome.
Given any company has freedom to structure transactions in any way they want, it's only normal to go for the most tax efficient way of generating profits. As if you would pay 35% corporate tax if there is a simple legal way to only, say, pay 20%?
Let's say there are two ways to book a profit: royalty income is taxed at 15% and normal corporate income is taxed at 30%. You develop a software product. If the tax code allows you to book all of your (software) income as royalty income, why wouldn't you?
Honestly, people frequently see evasion and avoidance in the same way, but they are not. If a tax law framework exists, and you stay within it, I don't see how you're doing anything wrong. Change the laws. Avoidance is only possible due to bad legislating. It's all too easy for politicians to shame companies while they are the ones doing a poor job.
Some countries are proactive in closing avoidance techniques, others are not. This is entirely dependant on the politicians in charge and the policy set out.
- jacobush 10y agoThank you for clarifying evasion vs avoidance. But in a larger context, there is some friction. The companies are trans-national. Countries, not. So by legal or illegal means, companies tend to shift their weight around to where the money stays with them. To companies, legality is just an expression of power. If the counter party (the government) is strong, the company either focuses on legal avoidance (GM) or avoids the reach of the strong party (Ericsson avoiding US jurisdiction). If the counter party is weak (south american governments) they can be illegaly manipulated (Ericsson). If the government has strong local enforcement but little resources and incentive to go after international shady deals, the country can be used as an operations base but with no illegal activity taking place in THAT country. (Sweden and Telia Sonera, Ericsson.)