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One of the most common forms of international tax avoidance is transfer pricing by multinational enterprises. The research will investigate on the factors that contribute to transfer pricing abuses. At present, there is no substantial and extensive transfer pricing rule in Mauritius. This paper aims to analyse the legal approaches to tackle transfer pricing issues that are undertaken by some countries whose taxation regime is similar to Mauritius. The selected countries are South Africa and UK. The objective behind the comparative study is to come up with the appropriate preventive and corrective measures for Mauritius.

The methodology adopted for this research consists of a critical analysis and comparative legal review of the relevant legislation, case law and literature. A minor quantitative analysis of the transfer pricing problem in Mauritius will be conducted, in terms of which interviews will be conducted with officials from different institutions in Mauritius.

The study will conclude that the absence of explicit formal rules on transfer pricing allows businesses to use the country to manipulate transfer prices to avoid paying taxes. Therefore, an amendment to Mauritius laws and regulatory framework is required to dissuade multinationals to engage in transfer pricing abuses. The study will conclude that the scope and application of the arm’s length principle needs to be formally set out in legislation and also, the use of Advance Pricing Agreements will also be recommended.

The research is among the first studies that compare Mauritius legal provisions on transfer pricing with that of South Africa and UK. The research is unique as it intends to provide fruitful recommendation to stakeholders in Mauritius to enhance the existing legal framework on the subject.

While Mauritius is ranked as the fastest growing financial centre in Africa and the second-fastest-growing offshore financial centre (OFC) in the word by the New World Health in 2019, the country is facing severe allegations that it is progressing at the expense of other developing countries. In this respect, this paper aims to assess the contribution of the Mauritius OFC, the robustness of tax avoidance and evasion laws, the endeavours undertaken by the Mauritius Government to promote Mauritius OFC and the alleged classification of Mauritius as a tax haven.

To achieve the above research objectives, this paper will adopt the black letter approach. That is, the relevant legislation and case laws will be scrutinised. Also, books, journal articles, newspaper articles, reports from international bodies amongst others will be used. The research methodology also comprising a critical analysis which implies that existing studies conducted on the subject matter of this research will be assessed and the extent to which the researcher agrees with the existing work will be weighed.

Based on the critical analysis, this paper recommends that the Mauritius Income Tax Act be amended to provide for punitive and corrective actions for those engaged in impermissible tax avoidance. Additionally, for transparency and clarity, it is suggested that the Mauritius Revenue Authority (MRA) clarifies in a practice note the factors that it considers when determining the tax liability that should have been payable or when detecting tax avoidance cases. Similarly, to discourage tax evasion, the fines and penalties for tax-evading offences should be more strict and a regulatory framework for tax practitioners need to be set up.

To the author’s knowledge, this paper is amongst the first academic research that emphasises the position of Mauritius as an OFC and critically analysed the related laws relating to the financial world.

Numerous policies are established in Mauritius to attract foreign direct investment, but at the same time, severe concerns were raised concerning the erosion of Mauritian tax base, which is witnessed by the decrease in the percentage of tax revenue to gross domestic product in recent years. To avoid these issues, in 2019, the Mauritian legislator has domesticated the Organisation for Economic Co-operation and Development (OECD) BEPS 2013 Action 3 on controlled foreign company (CFC) in its income tax legislation. As such, the purpose of this study is to critically assess the implications of CFC rules of Mauritius to reduce tax avoidance in the light of international tax competition.

To achieve the research objective, this study will adopt a black letter approach by analysing the rules and regulations of various jurisdiction as well as international standards on CFCs and other tax avoidance legal provisions. A comparative analysis will be conducted between Mauritian laws on CFCs and the corresponding legislation of the UK and the USA, which are selected to assess the developed world’s position on strict CFC rules.

A hasty implementation of CFC rules leads to various complexities like interpretation issues and diminishing the competitiveness of the country to multinationals. In this respect, there is the risk of a trade-off between tax collected and foreign direct investment in the country. Consequently, the research recommends that Mauritius reforms its CFC legislation by extending the scope of tax exemptions for intra-group financing income, for the first year of CFC’s operation with the possibility of offsetting foreign taxes and for the Mauritius Revenue Authority to establish detailed guidelines on the determination of CFC income and its attribution for tax purposes in Mauritius.

Existing literature has to a great extent focused on the role of CFC rules as a tax avoidance measure and on the divergence or convergence between domestic CFC legislation against the OECD recommendations (Dourado, 2015; Xu, 2018; Beebeejaun et al., 2023). However, limited literature is available on the evaluation of the purpose of CFC rules enacted by a developing country being Mauritius in the context of the global competitive market, to which this research aims at filling the gap.

This paper is an effort to demystify tax havens – what they mean, what they offer and why they are harmful. It offers a detailed analysis of abusive tax planning by multinational corporations, involving the use of tax havens, shedding light on how corporations use “egregious” tax-sheltering techniques right from their incorporation to avoid payment of income taxes. The paper also discusses global efforts against the phenomenon and policy recommendations.

The paper brings together definitions from various sources to accurately define and identify tax haven economies. The key contribution of the paper is to diagrammatically explain the use of tax havens by MNCs right from the time they are incorporated. It explains how every big and small corporate decision is motivated by the desire to save taxes and how tax havens come in handy for such corporations.

This paper finds that base erosion and profit shifting (BEPS) is a pervasive phenomenon, largely due to the suppliers of tax haven operations. Here, corporate decisions are divided into strategic and operational and further subdivided into investing, operating and financing activities, and provide real-life corporate examples of how tax havens fit into almost every corporate decision. This is the key contribution of the paper.

This is a review paper that sums up knowledge about tax havens and their use by MNCs. It does not, however, use empirical data to corroborate its findings. It would be interesting to see empirically whether MNCs with greater tax haven operations actually have lower effective tax rates.

The paper can provide a framework for designing tax policies in a manner that geographical arbitrage can be minimized. It can enable formulation of the necessary incentive structures in the form of penalties, rewards and the like for both the users and providers of tax haven services to curb massive base and profit shifting out of high-tax countries.

The paper is one small step in the direction of bringing about equality in tax payments, i.e. to align real tax systems with the canon of equality that Adam Smith once dreamt of. Taxes should be progressive in nature, implying that the amount of taxes paid should increase with one’s income. However, with the advent of offshore financial centres and egregious tax planning techniques, only the smaller corporations and middle-class individuals end up paying taxes, while the rich and bigger corporations get away easily.

The paper explores in detail the manner in which MNCs use, rather exploit, regulatory loopholes in tax systems of different countries to save on tax payments. By shifting their tax base from one country to another, MNCs not only hamper Treasury collections but also breed disrespect for the global tax system. The paper can help in designing tax laws in tune with such corporate motives.

CSR is seen as a constant source of debate in the research of company laws and has attracted wide attention from scholars. It is at the forefront of strategic outlook of contemporary organisations of all kinds. It is associated with the conduct of corporations and whether corporations owe a duty to stakeholders other than shareholders has been debated at various times. The CSR concept itself is not a new one and the social responsibilities of business in a market society has been discussed for decades, long before globalisation became a catchword. However, globalisation has been seen as a new phenomenon that affects our everyday life and the business life. New social networks with mutual dependences are created, thus leading to emerging new responsibilities. Community, work and capital are losing their home and locus and we are confronted with different cultures and life styles, whereas society is pluralised and common traditions, cultural values and social certainties emerge into a melting pot of various values and life styles.

Rethinking development along the lines of corporate social responsibility (CSR) is a new and exciting area of research and development practice. Newly emerging forms of global governance are now relying on private actors (business, non governmental organizations (NGOs)) rather than states. Therefore, CSR policy and programmes are necessary steps in securing responsible corporate behaviour in support of development. The objectives of this paper are to identify the areas of interventions for CSR activities and examine the rationale behind the CSR activities in Mauritius. It aims to analyse the relation between business and poverty reduction and also the successes and failures of CSR initiatives and how the programmes are delivering to the company's business objectives. In short, how is CSR redefining development?

Both primary and secondary data have been collected for this study. Qualitative methods of data collection were privileged to address complex issues such as the relationship between CSR and development. In‐depth interviews were carried out and seen as an appropriate research technique in order to explore and capture the perspectives of the stakeholders, namely private sector and the NGOs on CSR. Secondary sources in the form of company publications, annual reports, press cuttings, web sites of companies and survey reports were consulted.

Although CSR initiatives go quite a long way back in Mauritius, it is still believed that CSR is not embedded in its corporate culture. However, in some cases, CSR is merely being used as window‐dressing, for the gallery as a sideshow since it is a trendy issue and that everyone is doing it alongside with the wide media coverage. For CSR to become the national development tool, it is important that coordinated and concerted efforts be undertaken at the private sector level, in the civil society and at government level in achieving equitable, inclusive and sustainable development.

This work contributes to the scarce literature on CSR in Mauritius as well as in the African continent, investigating the relationship between CSR and development in the Mauritian context. It also provides an extensive and critical literature review on CSR and CSR activities in Mauritius.

Without an understanding of the factors that influence the expenditure of alcohol-dependent individuals on alcohol, it is unclear whether policies to control excessive consumption of alcohol can be effective. The purpose of this paper is to empirically investigate the factors that affect the expenditure of alcohol-dependent individuals on alcohol.

The main contribution of this paper is that it relies on a survey consisting exclusively of 300 alcohol-dependent individuals to capture the variables influencing their expenditure on alcohol. The survey was carried out by fieldworkers in the year 2012. The respondents come from varied socio-economic backgrounds and consist of both male and female alcohol-dependent individuals living in various geographical parts of the island of Mauritius.

The results obtained indicate that expenditure on alcohol by alcohol-dependent individuals increases as income increases. Given that the coefficient on the income variable is positive but less than one, this indicates that alcohol is viewed as a necessity. Apart from income, the age when the person first started drinking and the family size are important variables influencing the expenditure of alcohol-dependent individuals on alcohol.

The findings indicate that alcohol-dependent individuals should be sensitized so that they are not tempted to increase expenditure on alcohol as their income increases. Sensitization should be aimed at making them understand that the increase in income allocated toward alcohol expenditure could be better spent. Awareness programs could also help to address the issue of over-consumption of alcohol among the youth.

As far as the authors know, there has not been any empirical studies conducted in Mauritius on the expenditure on alcohol by alcohol-dependent individuals.

Due to their particular nature, virtual assets (VA) are vulnerable to financial crimes such as money laundering and if the appropriate legal mechanisms are not established, this may result in the financial collapse of various economies. To this effect, best practices and standards have been published by some international organisations such as the Financial Action Task Force and IMF which are now domesticated in the national laws of several countries. Therefore, the purpose of this study is to analyse the anti-money laundering (AML) legislative framework in the context of VA in three countries, namely, Mauritius, Japan and South Africa.

To achieve the research objective, the Mauritian AML laws in the context of VA were compared with the corresponding laws of some other countries, namely, Japan and South Africa. As such, a qualitative research method was adopted. In particular, the black letter approach was used to examine the relevant laws of these countries. A comparative analysis was conducted concerning the relevance of AML laws for each country when dealing with VA with the view of suggesting recommendations for Mauritian stakeholders to adopt to enhance the existing AML legal and regulatory framework.

The comparative study conducted has revealed that there are both similarities and divergences among the AML framework of the three countries further to which this research recommends that the Mauritian laws must be amended concerning the duration of information storage on VA, the definition of VA, advertisement by VA service providers and the electronic submission of annual reports. The Mauritian regulatory bodies also need to play a more active role in their joint collaboration to monitor suspicious VA transactions to combat money laundering.

At present, this study will be among the first academic writings on the efficiency of AML laws in the context of VA in Mauritius and also, because existing literature is quite scarce on assessing the adequacy of AML legislation in developing countries, this research aims at filling in the gap in literature. This study is carried out with the aim of combining a large amount of empirical, theoretical and factual information that can be of use to various stakeholders and not only to academics.

The study aims to focus on the effectiveness of international investment agreements (IIAs) in helping or facilitating the influx of foreign direct investment (FDI) to host developing countries.

To critically examine the topic, the black letter approach and the socio-legal analysis are adopted. The study has analysed how Mauritius, being a developing country, is responding to FDI needs from various bilateral and multilateral investment treaties concluded, and the research includes the analysis of official data publicly made available by the World Trade Organization, Organisation for Economic Co-operation and Development, International Monetary Fund and Mauritius governmental agencies’ reports.

From the methodologies used, it was found that other than IIAs, there are various key determinants which foreign investors consider prior to injecting their capital in developing countries in terms of environmental, social and cultural factors. Also, there are some inherent loopholes mostly in terms of monitoring, in the way IIAs are concluded and are applied in practice by and amongst signatory states.

This research is amongst the first studies to conclude the link between IIAs and FDI flows in developing countries with a particular focus on Mauritius. Additionally, an overwhelming number of studies have emphasised on the efforts to boost FDI, which are inspired mostly by action plans of developed nations, but this research will analyse the policy options adopted by China, being itself a developing country, and the extent to which such recommendations are applicable in the context of Mauritius will also be considered.

This study aims to analyze tax revenue in the presence of double tax treaties affecting social welfare of the inhabitants in the Sub-Saharan African (SSA) developing economies, whose fiscal regimes are being branded as responsible for exacerbating poverty for the inhabitants. This paper seeks to determine if double tax treaties are negatively impacting on human development of the host countries.

This study analyses 21 SSA countries from 1996 to 2016 using panel models and bootstrapped quantile regression. It uses a devised mathematical model which introduces the interaction between tax revenue and double tax treaties and measures the social welfare impact using the human development index (HDI).

The findings have broadly shown that (i) the net effect from the complementarity between tax revenue and double tax treaty (DTTs) in influencing the human development is for the most part negative (ii) the impact of tax revenue from international trade has the most positive net effect as compared to other tax revenues when interacted with the DTT and (iii) the DTT complements the tax revenue from income, profits and capital gains to progressively increase human development in the upper quartiles of HDI.

This study has examined how the presence of double tax treaties has impacted the effect of tax revenue on human development in 21 SSA countries for the period 1996–2016. A mathematical model was devised and bootstrapped quantile regression was used owing to the specificities of the sample. In accordance with recent literature on net effects, the results were interpreted.

It is evident that further research is required on whether double tax treaties are indirectly responsible for poverty on the rise in SSA countries or on the contrary, they bring FDI alongside with other positive spillovers which in the end contribute to a rise in the human development aspect of societies in developing host economies.

The HDI is an important measure used nowadays for human development as a proxy for social welfare. This research will use an HDI mathematical model devised by Sinha and Sengupta (2019) and adapt it to the context to testing econometrically whether double tax treaties have an impact on welfare or poverty reduction. The empirical results will help determine whether tax treaties are impacting the social welfare positively or negatively.

This result is the first research attempt to consider both the impact of tax revenue (which is expected to have a positive impact on social welfare of the people of the host developing countries) and the impact of double tax treaties simultaneously. It is the first empirical study focusing on the impact of tax revenue on human development in the presence of double tax treaties. Its methodology is original and adds to the current literature to benefit policymakers and academia.