The Producers of Tax Abuse: The Unintended Consequences of Tax Law Design and What to Do about Them

Lorenzo Pasculli, Stuart MacLennan

Research output: Contribution to journalArticlepeer-review

Abstract

This paper will conduct a comparative study of different areas of tax law to assess whether and how the law can inadvertently enable or facilitate tax avoidance and tax evasion. The paper will propose a theoretical model of such unintended effect of tax law based on an interdisciplinary literature review on the criminogenic effects of the law (Savona et al, 2006; Albrecht and Kilchling, 2001) and, more generally, the unintended consequences of regulation (Grabosky 1995). The paper will also propose innovative policy solutions focused on turning law design into an instrument of prevention of tax avoidance and evasion.
Original languageEnglish
Pages (from-to)101-136
Number of pages36
JournalLaw and Contemporary Problems
Volume85
Issue number4/5
Publication statusPublished - 3 Feb 2023

Keywords

  • Tax abuse
  • Corruption
  • Systemic Corruption
  • Unintended consequences
  • Law
  • Tax Law
  • Law design
  • Lawmaking

ASJC Scopus subject areas

  • Law
  • Social Sciences (miscellaneous)

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