Examine the impediments that diminish the Indian tax authority’s efficacy in tracking black money’ stashed abroad. Also, discuss the relevance of Global forum in resolving these setbacks.
Refer - BusinessLine
IAS Parliament 7 years
KEY POINTS
Impediments
· Powers of tax authorities are confined to their national borders.
· Very limited cooperation among different tax authorities of the world.
· Very few legal tax treaties with Tax Haven countries through which tax information could be obtained.
· There were strict bank secrecy laws in Tax Haven countries.
· No universally accepted institutional mechanism to deal with this problem.
Global forum
· To tackle this problem, the Global Forum on Transparency and Exchange of Information for Tax Purposes (Global Forum) was constituted in 2009.
· Aim of the Global Forum was to ensure that all countries fully implement the international standards on tax transparency and exchange of information (EOI).
· These standards require that tax information should be exchanged by a requested country on requisition from a requesting country.
· Every country is peer reviewed on these standards.
· After review, a rating is awarded which may be ‘Compliant’, ‘Largely Compliant’, ‘Partly Compliant’ or ‘Non Compliant’.
During the peer review, an adverse rating will be awarded to –
· The country, which has domestic bank secrecy laws.
· The country, which does not respond properly and delaying tax treaty negotiations.
Pros
· This persuades the low rated country to amend its legal systems.
· This will nudge all global forum members to increase their bilateral EOI relationships with all relevant countries.
· International organisations such as World Bank and IMF do not grant assistance to a country, if the rating is adverse.
Global forum’s relevance to India
· India has used the EOI mechanism in a big way to successfully obtain tax information from several countries.
· On this basis, various actions are being taken across the country, including assessment and prosecution of tax evaders.
· India is a member of all three main working bodies of the Global Forum — Steering Group, Peer Review Group (PRG) and AEOI Group.
Challenges
· It does not have the power to take direct action against any country.
· It can only award an adverse rating.
· Tax evaders are inventing new techniques of evasion.
· Global Forum operates on the principle of “consensus” implying that all countries should agree, which sometimes leads to less than optimal decision-making while deciding complex tax issues.
· There are still countries which are outside the purview of Global Forum and are being used by tax evaders.