Quotes

Transfer Pricing Phisiognomy

“All benchmarks are likely, or at least they
are so, theoretically speaking.
All benchmarks that are likely in theory are
theoretically applicable in practice.
However, not all benchmarks that are theoretically
applicable in practice are actually applicable to
all concrete cases.
What’s more: some benchmarks that are
theoretically applicable in practice may be
practically unlikely and may result as being
actually inapplicable (in some given concrete
cases).
It is up to the interpreter to be able to discern
between benchmarks that are likely from the
ones that are not, evaluate whether the ones
that are likely are possible, assess whether the
ones that are possible are likely (in specific
concrete cases).
The debate between the Tax Authorities and
Taxpayers has the purpose of establishing a level
of evident likelihood or a just as evident
unlikelihood of the benchmark.
Balance and critical judgment support the ability
to discern between what is an acceptable
likelihood from an unacceptable unlikelihood.
The crux of the problem lies precisely in such
antithetical interests that exist between the Tax
Authorities and Taxpayers to the point that the
unlikely becomes possible and the impossible
becomes likely.
Be it likely or unlikely as it may.
And to raise – with an ever-increasing likelihood –
that which is unlikely to (the heights of) that
which is possible.”
(Piergiorgio Valente)

In International Tax Avoidance (p. 1227)

Abuse of Law and Tax Avoidance

“Abuse of law is the combination of avoidance
of abuse (from taxpayer’s side) and of abuse of
avoidance (from the Revenue Office’s side).
This is the Revenue Office’s means to challenge
taxpayer’s end and taxpayer’s means to thwart
the Revenue Office’s ends.
What is – however – not acceptable is that the
ends justify the means and the means justify
the ends.
Hence, for a system to be equitable, the balance
– whether of means or ends – lies somewhere
in the middle with regard to both.
And this is its true purpose for both, ends and
means.”
(Piergiorgio Valente)

In International Tax Avoidance (p. 8-9)

International Tax Avoidance

“The transnational regulation of economic relations and the centralization of decisional powers are fundamental aspects of the political process of globalization …” 
(Piergiorgio Valente)

In International Tax Avoidance (p. 138)

International Tax Avoidance

“It should be pointed out that pursuing a tax saving should not – in any way – be assimilated to tax avoidance …”
(Piergiorgio Valente)

In International Tax Avoidance (p. 71)