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Who generated the loopholes? A case study of corporate tax advisors’ regulatory capture over anti-tax avoidance legislation in Finland

Lauri Finér
Lauri Finér
   | Oct 05, 2021
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Article Category: Article
Published Online: Oct 05, 2021
Page range: 1 - 26
Received: Feb 05, 2021
Accepted: Jun 29, 2021
DOI: https://doi.org/10.2478/ntaxj-2021-0005
Keywords
© 2022 Lauri Finér, published by Sciendo
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Figure 1

Should an IDLR be adopted? View (1–5): 1 = Should not be adopted 2 = Should not be adopted with reservation 3 = No opinion 4 = Should be adopted with reservation 5 = Should be adopted
Should an IDLR be adopted? View (1–5): 1 = Should not be adopted 2 = Should not be adopted with reservation 3 = No opinion 4 = Should be adopted with reservation 5 = Should be adopted

Figure 2

What kind of rule should be adopted? Type (1–3): 1 = Should apply merely to artificial arrangements 2 = No opinion on type 3 = Fixed ratio rule
What kind of rule should be adopted? Type (1–3): 1 = Should apply merely to artificial arrangements 2 = No opinion on type 3 = Fixed ratio rule

Figure 3

Should the interest deduction limitation rule be adopted? View 1 = Should not be adopted 2 = Should not be adopted with reservation 3 = No opinion 4 = Should be adopted with reservation 5 = Should be adopted
Should the interest deduction limitation rule be adopted? View 1 = Should not be adopted 2 = Should not be adopted with reservation 3 = No opinion 4 = Should be adopted with reservation 5 = Should be adopted

Figure 4

What kind of rule should be adopted? Type 1 = Should be a lot let extensive 2 = Should be little less extensive 3 = No opinion 4 = As proposed 5 = Should be more extensive
What kind of rule should be adopted? Type 1 = Should be a lot let extensive 2 = Should be little less extensive 3 = No opinion 4 = As proposed 5 = Should be more extensive

Figure 5

Should the proposed ATAD be adopted? View (1–5) 1 = Should not be adopted 2 = Should not be adopted with reservation 3 = No opinion 4 = Should be adopted with reservation 5 = Should be adopted
Should the proposed ATAD be adopted? View (1–5) 1 = Should not be adopted 2 = Should not be adopted with reservation 3 = No opinion 4 = Should be adopted with reservation 5 = Should be adopted

Figure 6

How should possible ATAD be adopted? Type (1–3) 1 = Should be less extensive 2 = No opinion 3 = Should be more extensive
How should possible ATAD be adopted? Type (1–3) 1 = Should be less extensive 2 = No opinion 3 = Should be more extensive

Figure 7

How should the interest deduction limitation rule be amended? View (1–6) 1 = Should be lot less extensive (ATAD minimum standard) 2 = Should be less extensive 3 = Exemption for specific group 4 = No opinion 5 = As proposed 6 = Should be more extensive
How should the interest deduction limitation rule be amended? View (1–6) 1 = Should be lot less extensive (ATAD minimum standard) 2 = Should be less extensive 3 = Exemption for specific group 4 = No opinion 5 = As proposed 6 = Should be more extensive

Figure 8

View on the equity escape rule. Equity escape rule (1–5) 1 = Should remain 2 = Should remain with reservation 3 = No opinion 4 = Should be abandoned with reservation 5 = Should be abandoned
View on the equity escape rule. Equity escape rule (1–5) 1 = Should remain 2 = Should remain with reservation 3 = No opinion 4 = Should be abandoned with reservation 5 = Should be abandoned

Statements in the 2012 September consultation.

Statement Stakeholder Stakeholder group View Type Specific public entity
1. Confederation of Finnish Industries Corporate interest group 1 1 0
2. Finance Finland Corporate interest group 2 1 1
3. Finnish Chamber of Commerce Corporate interest group 3 2 0
4. Finnish Energy Corporate interest group 1 1 0
5. RAKLI - The Finnish Association of Building Owners and Construction Clients Corporate interest group 3 2 0
6. The Family Business Network Finland Corporate interest group 1 1 0
7. Association of Finnish Local and Regional Authorities Municipalities interest group 3 3 1
8. The Finnish Pension Alliance TELA Pension funds interest group 3 3 1
9. The Central Organisation of Finnish Trade Unions SAK Trade union 5 4 0
10. The Finnish Tax Administration Tax authority 5 3 0
11. Marjaana Helminen Tax professor 3 4 0

Statements in the 2018 spring ministry consultation.

Statement Stakeholder Stakeholder group View EER ex
1. Technology Finland Corporate interest group 1 1
2. INFRA — Infra Contractors Association in Finland Corporate interest group 1 1
3. The Finnish Real Estate Federation Corporate interest group 2 3
4. Finnish Energy Corporate interest group 1 1
5. Federation of Finnish Enterprises Corporate interest group 1 1
6. Finnish Chamber of Commerce Corporate interest group 1 1
7. Finnish Venture Capital Association FVCA Corporate interest group 1 1
8. Finance Finland Corporate interest group 1 1
9. Confederation of Finnish Industries Corporate interest group 1 1
10. The Family Business Network Finland Corporate interest group 1 1
11. Taxpayers Association of Finland Corporate interest group 1 1
12. The Finnish Wind Power Association (FWPA) Corporate interest group 2 3
13. RAKLI - The Finnish Association of Building Owners and Construction Clients Corporate interest group 1 1
14. Paikallisvoima ry Corporate interest group 1 1
15. Kepa ry Human rights based NGO 6 5
16. Finn watch ry Human rights based NGO 6 5
17. Helsinki Region Environmental Services Authority HSY Joint municipal authority 3 3
18. Pohjolan voima Oyj Mankala company 3 3
19. EPV Energy Ltd Mankala company 3 3
20. Teollisuuden Voima Oyj Mankala company 3 3
21. Association of Finnish Local and Regional Authorities Municipalities interest group 3 5
22. City of Vantaa Municipality 2 3
23. TA Companies Non-profit housing association 3 3
24. SOA — The Finnish Associations of Student Housing Organisations Non-profit housing association 3 3
25. Association for Advocating Affordable Rental Housing — KOV Non-profit housing association 3 3
26. Suomen Asumisoikeusyhteisöt ry. Non-profit housing association 3 3
27. The Ministry of Economic Affairs and Employment Other authority 3 3
28. The Ministry of Transport and Communications Other authority 3 3
29. Ministry of the Environment Other authority 3 1
30. The Finnish Transport Infrastructure Agency Other authority 3 3
31. Kassiopeia Finland Oy Other private company 1 1
32. Fortum Plc Other private company 1 1
33. OP Financial Group Other private company 1 3
34. Social Democratic Parliamentary Group Political party 6 5
35. Municipality Finance Plc Public Authorities' Finance company 3 3
36. Senate Properties Public Real Estate Company 3 3
37. The Association of Finnish Tax Advisors Tax advisory interest group 1 1
38. The Finnish Bar Association Tax advisory interest group 1 1
39. The Finnish Tax Administration Tax authority 5 5
40. Juha Lindgren Tax Professor 2 3
41. Tomi Viitala Tax Professor 4 3
42. Seppo Penttilä Tax Professor 2 2
43. Reijo Knuutinen Tax Professor 4 3
44. Marjaana Helminen Tax Professor 2 2
45. The Central Organisation of Finnish Trade Unions SAK Trade Union 6 5

Statements in the 2018 fall parliamentary consultation.

Statement Stakeholder Stakeholder group
1. The Finnish Real Estate Federation Corporate interest group
2. Finnish Energy Corporate interest group
3. Federation of Finnish Enterprises Corporate interest group
4. Finnish Chamber of Commerce Corporate interest group
5. Finnish Venture Capital Association FVCA Corporate interest group
6. Finance Finland Corporate interest group
7. Confederation of Finnish Industries Corporate interest group
8. Taxpayers Association of Finland Corporate interest group
9. VATT Institute for Economic Research Economic research institution
10. Finnwatch ry Human rights based NGO
11. Pohjolan voima Oyj Mankala company
12. Teollisuuden Voima Oyj Mankala company
13. Fennovoima Oy Mankala company
14. Association of Finnish Local and Regional Authorities Municipalities interest group
15. Financial Supervisory Authority (FIN-FSA) Other authority
16. Municipality Finance Plc Public Authorities' Finance company
17. Senate Properties Public Real Estate Company
18. Juha Lindgren Tax Professor
19. Tomi Viitala Tax Professor
20. Seppo Penttilä Tax Professor
21. Heikki Niskakangas Tax Professor
22. The Central Organisation of Finnish Trade Unions SAK Trade Union

Statements in the 2016 parliamentary ATAD consultations.

Statement Stakeholder Stakeholder group View Type
1. Confederation of Finnish Industries Corporate interest group 1 1
2. Federation of Finnish Enterprises Corporate interest group 3 1
3. Finnish Chamber of Commerce Corporate interest group 2 1
4. Taxpayers Association of Finland Corporate interest group 4 1
5. Finnwatch ry Human rights based NGO 5 3
6. Kepa ry Human rights based NGO 5 3
7. The Association of Finnish Tax Advisors Tax advisory interest group 2 1
8. The Finnish Tax Administration Tax authority 5 2
9. Marjaana Helminen Tax professor 5 2
10. Tomi Viitala Tax professor 4 1
11. The Finnish Confederation of Professionals STTK Trade union 5 2
12. The Central Organisation of Finnish Trade Unions SAK Trade union 5 3

Statements in the 2012 April–June consultation.

Statement Stakeholder Stakeholder group View Type EER Ex Delay Real estate ex Specific public entity
1. Confederation of Finnish Industries Corporate interest group 1 1 1 1 1 0
2. Federation of Finnish Enterprises Corporate interest group 2 2 0 1 0 0
3. Finance Finland Corporate interest group 1 1 1 0 1 0
4. Finnish Chamber of Commerce Corporate interest group 1 1 1 1 0 0
5. Finnish Energy Corporate interest group 1 1 1 1 1 0
6. Finnish Venture Capital Association FVCA Corporate interest group 1 1 1 1 0 0
7. INFRA - Infra Contractors Association in Finland Corporate interest group 3 2 0 0 0 0
8. RAKLI - The Finnish Association of Building Owners and Construction Clients Corporate interest group 1 1 0 1 1 0
9. Taxpayers Association of Finland Corporate interest group 3 2 0 0 0 0
10. The Family Business Network Finland Corporate interest group 1 1 1 1 0 0
11. Attac Finland Economic democracy NGO 5 4 0 0 0 0
12. Tieyhtiö Valtatie 7 Oy Public infrastructure company 2 2 0 0 0 1
13. Association of Finnish Local and Regional Authorities Municipalities interest group 5 2 0 0 0 1
14. City of Helsinki Municipality 5 2 0 0 0 1
15. The Finnish Transport Infrastructure Agency Other authority 3 2 0 0 0 1
16. The Finnish Pension Alliance TELA Pension funds interest group 3 2 0 0 0 1
17. Municipality Finance Plc Public Authorities' Finance company 4 2 0 0 0 1
18. PWC Finland Tax advisory company 3 2 0 0 1 0
19. The Association for Authorized Public Accountant (KHT-yhdistys ry) Tax advisory interest group 2 1 0 0 1 0
20. The Association of Finnish Tax Advisors Tax advisory interest group 1 1 1 1 1 0
21. The Finnish Bar Association Tax advisory interest group 2 1 1 1 0 0
22. The Finnish Tax Administration Tax authority 5 4 0 0 0 0
23. Marjaana Helminen Tax professor 5 4 0 0 0 0
24. Pauli K. Mattila Doctor in tax law 4 2 0 1 0 0
25. The Central Organisation of Finish Trade Unions SAK Trade union 5 4 0 0 0 0

Statements in the 2009 consultation.

Statement Stakeholder Stakeholder group View Type
1. Confederation of Finnish Industries Corporate interest group 1 1
2. Family Business Network Finland Corporate interest group 3 1
3. Federation of Finnish Enterprises Corporate interest group 1 1
4. Finance Finland Corporate interest group 1 1
5. Finnish Chamber of Commerce Corporate interest group 2 1
6. Taxpayers Association of Finland Corporate interest group 3 1
7. VATT Institute for Economic Research Economic research institution 3 2
8. Financial Markets Department of the Ministry of Finance Other authority 5 1
9. Association of Finnish Tax Advisors Tax advisory interest group 1 1
10. Finnish Tax Administration Tax authority 4 3
11. Large Taxpayers' Office Tax authority 4 3
12. Marjaana Helminen Tax professor 5 1
13. Seppo Penttilä Tax professor 4 2

Statements in the 2012 November parliamentary consultation.

Statement Stakeholder Stakeholder group
1. Confederation of Finnish Industries Corporate interest group
2. Federation of Finnish Enterprises Corporate interest group
3. Finance Finland Corporate interest group
4. Finnish Chamber of Commerce Corporate interest group
5. Finnish Energy Corporate interest group
6. RAKLI - The Finnish Association of Building Owners and Construction Clients Corporate interest group
7. Taxpayers Association of Finland Corporate interest group
8. The Family Business Network Finland Corporate interest group
9. Attac Finland Human rights based NGO
10. Association of Finnish Local and Regional Authorities Municipalities interest group
11. City of Helsinki Municipality
12. The Finnish Pension Alliance TELA Pension funds interest group
13. Municipality Finance Plc Public Authorities’ Finance company
14. The Association for Authorized Public Accountant (KHT-yhdistys ry) Tax advisory interest group
15. The Association of Finnish Tax Advisors Tax advisory interest group
16. The Finnish Bar Association Tax advisory interest group
17. The Finnish Tax Administration Tax authority
18. Marjaana Helminen Tax professor
19. Heikki Niskakangas Tax professor
20. The Central Organisation of Finnish Trade Unions SAK Trade union
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