David W. Chodikoff's research while affiliated with Government of Ontario, Canada and other places

Publications (12)

Chapter
The focus of this chapter is on providing a policy background to and an examination of the Foreign Account Tax Compliance Act, a unique piece of US tax legislation that has no precedent in the history of international tax law. As detailed in Chapter 3, the exchange of information (EOI) upon request standard in use between 2002 and 2016 is flawed, b...
Chapter
This chapter explains Article 26 of the OECD Model Tax Convention on Income and on Capital. Canada has over ninety double tax conventions (DTCs) in force that contain an article modelled on Article 26, and the United States has over sixty. As explained in Chapter 6, both Canada and the United States generally reserve the use of DTCs for countries w...
Chapter
It is estimated that the offshore banking industry shelters over $7.5 trillion, which costs governments lost revenues of at least $200 billion a year. Another estimate puts the amount of money in offshore tax haven accounts in 2010 at $21 trillion (such a figure is comparable to the size of the economies of the United States and Japan combined). A...
Chapter
International tax enforcement may comprise an examination or investigation process, an enforcement or collections process, and, where warranted, a criminal prosecution process. This chapter will be of particular interest to professionals who work in wealth management, accounting, and law and who have clients with offshore or delinquent compliance i...
Chapter
This chapter begins by reviewing the policy objectives behind tax information exchange agreements (TIEAs), while giving particular consideration to the objectives set by the OECD. The goals of Canada and the United States with respect to TIEAs are also reviewed. This chapter then examines how Canada’s TIEAs function as vehicles for the exchange of...
Chapter
In 1998, the OECD viewed eliminating harmful tax practices as essential to promoting healthy tax competition and, ultimately, global economic growth and development. The OECD identified the two primary contributors to these harmful tax practices as tax havens and so-called preferential tax regimes. It viewed tax havens (comprising for the most part...
Chapter
This chapter provides important background to automatic exchange of information (Automatic Exchange) and examines key policy considerations regarding the new standard. As the OECD rules and guidance on Automatic Exchange run in the hundreds of pages, dealing with the subject at length is beyond the scope of this chapter. Instead, this chapter provi...
Chapter
The success of administering this system of taxation is dependent on two key factors: taxpayer honesty and information. As Cory J of the Supreme Court of Canada in Knox Contracting Ltd v Canada stated, “[t]he entire system of levying and collecting income tax is dependent upon the integrity of the taxpayer in reporting and assessing income. If the...
Chapter
This chapter gives an overview of the voluntary disclosure process in Canada and the United States. It also considers the US federal legal regime for the reporting of foreign bank and financial accounts under the Bank Secrecy Act. The importance of the BSA cannot be overstated; as described below, its penalty provisions have been a major weapon wie...
Chapter
This chapter examines the basic concepts in international tax law and the roles of international tax policy and tax treaties. It also reviews the principal theories in international tax policy and provides some commentaries on what scholars are saying today about these theories.
Chapter
In the late 1990s, the OECD increasingly took formal notice of a phenomenon occurring in select jurisdictions around the world that was causing serious harm to fiscal authorities (of members and non-members alike) and impeding the organization’s aims to advance global economic growth and development. This phenomenon or problem manifested itself in...
Book
This book provides a comprehensive analysis of the Organisation for Economic Cooperation and Development’s (OECD) war on offshore tax evasion. The authors explain the new emerging regulatory regimes on the global exchange of information to combat offshore tax evasion and analyse why Automatic Exchange of Information (AEOI) is not a “magic bullet” s...

Citations

... Most of the literature in the field of automatic exchange of financial information comes from the international institutions and authors specialized in matters of law. Reviewing the limitations of the exchange of information tools was performed up to a certain extent by international authors such as Bacchetta and Espinosa, 2000;Berg and Barba, 2014;Christensen and Tirard, 2016;Hakelberg, 2014;Kerzner and Chodikoff, 2016;Tanzi and Zee, 2000. Some Romanian authors have also contributed to such analysis, such as: Enea and Enea, 2010;Gheorghe, 2015 andLeția, 2015. ...
... There are many authors or institutions that have published other lists of tax havens for example International Monetary Fund (2000), Hampton and Christensen (2005), Levin (2007), Lowtax.Net (2008), etc. Addison (2009) mentions in his study that TIEAs are symbolic and provides insufficient additional measures to combat tax havens. According to Addison (2009) and Kerzner (2014) countries should also focus on their domestic law. The pending problem of most studies remain the identification of the group of tax havens as for most of the studies it is the starting point. ...