Tax offences and transfer pricing documentation: The public prosecutor
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At this point, the public prosecutor must decide which offence carries the heaviest penalty. As a result, it may happen that, in the context of the criminal prosecution of tax fraud, the public prosecutor retains corruption as an offence.
It is therefore important for African jurisdictions to review their tax legislation, as corruption is a tax offence. However, transfer pricing legislation also needs to be improved to facilitate the drafting of transfer pricing documentation.
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