Insights into the “Pay Now, Argue Later” Mechanism

CSIS | 2026-05-24 | economy

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English Summary

The "Pay Now, Argue Later" tax mechanism, while effective for immediate government revenue collection, poses a significant long-term risk by undermining tax certainty and procedural fairness. Evidence suggests that requiring taxpayers to pay upfront before resolving disputes increases financial strain and introduces unpredictability, which can deter Foreign Direct Investment (FDI). Policymakers must therefore balance the need for efficient fiscal revenue against the imperative of maintaining an attractive investment climate. Over-reliance on these mechanisms may cause jurisdictions to lose competitiveness by signaling a higher level of risk and constrained legal recourse to international investors.

中文摘要

「先繳稅後爭議」的稅制機制，雖然能為政府帶來即時的財政收入，但從長遠來看，它透過削弱稅務確定性和程序公平性，構成重大風險。證據顯示，要求納稅人必須在爭議解決前預先繳納款項，會增加其財務壓力並引入不確定性，從而可能阻礙外國直接投資（FDI）的流入。因此，政策制定者必須在追求高效財政收入的需要與維持具吸引力的投資氣候的必要性之間取得平衡。過度依賴此類機制，可能導致司法管轄區因訊號傳遞出較高的風險和受限的法律救濟，從而失去國際競爭力。

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