FF 2013, afl. 235 - Reconciling the Differences in Tax Systems and Tax Cultures in International Tax Treaty Negotiations: Colombia and the Netherlands
Aflevering 235, gepubliceerd op 01-06-2013 geschreven door Dr. I.J. Mosquera ValderramaThis article analyzes and compares the differences in the tax systems and tax culturesAlthough a definition for tax culture and elements of tax culture are difficult to provide, the role of the different parties in the process of tax law-making needs to be taken into account. These parties include Legislative, Executive (including tax administration and revenue authorities), Judiciary (including courts with tax competence), taxpayers, and tax advisors. Furthermore, the principles of law that tax law-makers take into account when introducing, or amending tax rules are also of importance. Examples of these principles are certainty, efficiency, equality, neutrality, et cetera. See Mosquera Valderrama, Leasing and Legal Culture – Towards consistent behaviour in tax treatment in civil law and common law jurisdictions (diss.), 2007, at 301. in two countries being Colombia and the Netherlands. The main objective of this article is to address the obstacles that the differences in tax systems and tax cultures of Colombia and the Netherlands may face in relation to the current (advanced) negotiation of a double tax conventions (hereinafter: DTC) between these two countries. The experience and knowledge that both countries have differ, taking into account the expertise that treaty negotiators in the Netherlands have in comparison to Colombian negotiators, for instance language (English) and tax expertise including expertise on complex international transactions (e.g. transfer pricing).