CONCEPTUAL BASIS OF INTERNATIONAL TAX PLANNING AND BUSINESS STRUCTURING

Abstract

This article examines the conceptual foundations of international tax planning and international business structuring in the context of globalisation, the digitalisation of the economy and increasing capital mobility. It is argued that international tax planning forms part of strategic corporate management and is aimed at optimising the tax burden whilst complying with the requirements of national and international legislation. The economic essence of tax planning is revealed, and it is distinguished from related categories such as tax optimisation and tax evasion, taking into account the principle of substance over form. The role of international business structuring as a key instrument for implementing tax strategies is identified, involving the creation of multi-tiered corporate structures utilising different tax jurisdictions. The paper analyses the specific features of choosing jurisdictions, taking into account tax, legal and economic factors, and outlines typical mistakes that arise in the process of business structuring. Considerable attention is paid to the impact of international initiatives, in particular the BEPS Action Plan, on the transformation of approaches to tax planning, the tightening of requirements for transparency and economic presence, and the prevention of aggressive tax planning. The main tools of international tax planning are described, including transfer pricing, the use of controlled foreign companies, the use of offshore jurisdictions, and intra-group financing mechanisms. The need to develop a comprehensive conceptual model of international tax planning, which integrates objectives, implementation tools, regulatory constraints and a risk-based approach, is justified. The proposed approach helps to ensure a balance between the effectiveness of tax planning and adherence to the principles of transparency and good faith in business conduct in the modern environment. The practical value of this study lies in the possibility of adapting the proposed approaches to the operating conditions of Ukrainian enterprises, taking into account current international challenges and regulatory changes.