Years are approaching as Association of South East Asian Nations (ASEAN) is expecting to have its own economic community in 2015. The commitment to realize, among others, a single market and equitable economic development have been set out. Yet, Member States are continuing their 'revenue giveaways' by enacting tax statutes and regulations that constitute preferable tax regimes and 'tickets to ride' for companies. Indonesia, for example, has recently enacted a regulation that provides tax breaks in a certain period for newly incorporated resident companies investing in several industries, while Singapore has for several years provided their resident start-up companies with tax exemptions. Where taxes, particularly corporate taxes, are becoming more primary in generating State revenue, preferable tax regimes as such would clearly create burdens in a State's budget. On the other hand, it goes without saying that these regimes would be incompatible with the efforts to create a single market, as investors would place their capitals in Member States having the lowest effective corporate tax rate, assuming all other investment determinants are equitable in one Member State and another. Nevertheless, financial cooperation towards AEC seems to consider corporate taxes as a non-determinant in establishing a highly competitive economic region. The question is, therefore, does the pillars of ASEAN Economic Community (AEC) envisage a tax competition, that is somewhat harmful, among Member States? Also, contextual to the theme of the conference, would this kind of competition be the identity of AEC? This article would attempt at answering these questions by first pinpointing preferable provisions within the currently enforced corporate tax regimes in some Member States. It would then determine whether the establishment of AEC entails consequences or provides opportunities for harmonization of corporate taxes among Member States. Subsequently, the author would conclude whether tax competition among Member States is a purposive action, which respectively labels an identity for the AEC.
Read full abstract