The International Chamber of Commerce (ICC) has recently adopted a policy statement, produced by the ICC Commission on Taxation, on the application of anti-avoidance rules in the field of taxation.

It is critical that tax authorities understand that in order for businesses to be competitive, they must seek out the most efficient ways of carrying out business transactions. This is especially crucial in the context of the increasing globalization of businesses and the world economy.

In recent observations, there is a growing trend for tax authorities to disregard transactions relating to tax assessment based on their interpretations of anti-avoidance rules, which are at times quite extensive.
ICC upholds that the use of anti-avoidance rules of taxation that establish barriers to cross-border business transactions is counterproductive and should be stopped.

“These anti-avoidance rules are destructive to countries themselves, when other countries impose them on a home country multinational in a way that diminishes the home country tax base and produces a bilateral controversy,” said ICC Commission on Taxation Vice-Chair Cym Lowell.

Read the policy statement on anti-avoidance
rules

Staff Contact: Carol Doran Klein

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The International Chamber of Commerce (ICC) has appointed Cym Lowell of Gardere Wynne Sewell LLP as the vice-chair of the Taxation Commission.

Mr. Lowell is an experienced international tax lawyer who has specialized in transfer pricing and related qualified authority matters for a career spanning almost 40 years.

His specialty has been the resolution of bilateral disputes that other advisors have not been able to achieve. Mr. Lowell has enjoyed a collegial practice, working with colleagues in every country who have transfer pricing examination or APA capability.

Mr. Lowell, who is originally from Dallas, Texas, draws on extensive experience from his career as a private lawyer. This provides him with distinct views on current and future dispute resolution, the pros and cons of tax authority approaches in principal countries, and styles of the small community of professionals who handle such matters.

He graduated from Indiana University with a Bachelors of Science and then continued his legal studies at Duke University. Mr. Lowell is a published author of many books and articles relating to transfer pricing issues, as well as to US international taxation issues.

He is currently an active member of many prestigious organizations, including the Business and Industry Advisory Council (BIAC) and the Organization for Economic Cooperation and Development (OECD). In addition, Mr. Lowell has served as a consultant for many legislative bodies, counseled OECD member countries, and has lead workshops on the conduct of transfer pricing examinations for national tax authority officials.

In his role as vice-chair, Mr. Lowell is set to advance the committee’s work while also supporting the Commission Chair, Theo Keijer. The Commission’s work focuses on analyzing developments in international fiscal policy as well as on providing business views on government projects affecting taxation.

The Commission on Taxation is composed of international tax experts from areas of business and private practice and represents the world’s major companies and tax consultancy firms. Its mission is to promote a tax system that eliminates difficulties in cross border trade and investment activities.

The Commission announced at its meeting in March that it had elected Mr. Lowell, who will help the chair represent consensus viewpoints of the Commission. These viewpoints include those of governmental decision makers and the media. He will also be called upon to lead meetings of the Commission when the chair is unable to do so.

Staff Contact: Carol Doran Klein

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