The Effectiveness Of General Anti Avoidance Rules
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The Effectiveness Of General Anti Avoidance Rules
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Author : Susi Hjorth Bærentzen
language : en
Publisher:
Release Date : 2022
The Effectiveness Of General Anti Avoidance Rules written by Susi Hjorth Bærentzen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
The Effectiveness Of General Anti Avoidance Rules
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Author : Susi Hjorth Bærentzen
language : en
Publisher:
Release Date : 2022
The Effectiveness Of General Anti Avoidance Rules written by Susi Hjorth Bærentzen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
Introducing A General Anti Avoidance Rule Gaar
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Author : Mr.Christophe J Waerzeggers
language : en
Publisher: International Monetary Fund
Release Date : 2016-01-31
Introducing A General Anti Avoidance Rule Gaar written by Mr.Christophe J Waerzeggers and has been published by International Monetary Fund this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-31 with Business & Economics categories.
Tax avoidance continues to attract attention globally with strong support for tax law reform at all levels. This Tax Law IMF Technical Note focuses on some of the key design and drafting considerations of one specific legal instrument (being, a statutory general anti-avoidance rule (GAAR)) which is often considered by authorities to combat unacceptable tax avoidance practices. A GAAR is typically designed to strike down those otherwise lawful practices that are found to be carried out in a manner which undermines the intention of the tax law such as where a taxpayer has misused or abused that law. However, the objective of combating unacceptable tax avoidance can itself make the legal design of a GAAR complex. This is simply because the phrase “tax avoidance” means different things to different people. Whatever the form of a GAAR, it should give effect to a policy that seeks to strike down blatant, artificial or contrived arrangements which are tax driven. However, the GAAR should be designed and applied so as not to inhibit or impede ordinary commercial transactions. This Tax Law IMF Technical Note discusses and explores how drawing a line between those arrangements which should be caught by the GAAR is a matter of degree and can be delicate.
Does The Use Of General Anti Avoidance Rules To Combat Tax Avoidance Breach Principles Of The Rule Of Law
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Author : Rebecca Prebble
language : en
Publisher:
Release Date : 2012
Does The Use Of General Anti Avoidance Rules To Combat Tax Avoidance Breach Principles Of The Rule Of Law written by Rebecca Prebble and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
As part of systems of tax law, general anti-avoidance rules frustrate transactions that contrive to avoid tax. Avoidance transactions adhere to the strict letter of the law while flouting or exploiting its policy. Statutory general anti-avoidance rules are found in many countries in Europe and in the British Commonwealth, apart from the United Kingdom itself, but judge-made substance-over-form rules in the United States and the United Kingdom sometimes have a similar effect. Much of the force of these rules comes from their imprecision, imprecision that, arguably, breaches the principles of the rule of law. The authors take a comparative approach that examines statutory general-anti-avoidance rules from a number of jurisdictions. They compare these rules with the principles of the rule of law as those principles are currently understood and they compare the typical form of a general anti avoidance rule with the forms of several rules of criminal law that notoriously breach the rule of law. They thus compare the operation of general anti-avoidance rules with (a) the requirements of the doctrine of the rule of law as adumbrated by Dicey, Rawls, Hayek, Raz, and, notably, Fuller and (b) with the general offence rules of the Nazi criminal code of the Free City of Danzig, with Article 386 of the Criminal Code of the Qing Dynasty of China, and with the crime of corruption of public morals, an offence in effect created by the United Kingdom House of Lords in 1962 in Shaw v Director of Public Prosecutions. Concluding that a general anti-avoidance rule breaches at least the principle of certainty of law the authors turn to a consideration of whether there is anything in the nature the activity of tax avoidance that might justify such a breach even though, for instance, the law treats serious criminals as entitled to the benefits of the rule of law. The authors advance the hypotheses that the activity of tax avoidance is of a nature that relies for its success on the formality of the law and relies in a sense on the rule of law itself. In effect, it corrupts the rule of law by exploiting it. If tax avoidance is in this manner an attack on the rule of law a legislature may be justified in responding by enacting a general anti-avoidance rule.
A Guide To The Anti Tax Avoidance Directive
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Author : Werner Haslehner
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-06-26
A Guide To The Anti Tax Avoidance Directive written by Werner Haslehner and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-26 with Law categories.
This book provides a concise, practical guide to the European Union’s Anti-Tax Avoidance Directive (ATAD). Presenting unique insights into the ATAD’s five specific anti-avoidance rules, its chapters explain the background of those rules, the directive’s interactions with relevant jurisprudence, and the challenges posed to the ATAD’s interpretation and implementation in domestic law.
Retroactivity And The General Anti Avoidance Rule
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Author : Benjamin Alarie
language : en
Publisher:
Release Date : 2008
Retroactivity And The General Anti Avoidance Rule written by Benjamin Alarie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
The General Anti-Avoidance Rule (the GAAR) was originally introduced in Canadian income tax law in 1988 with prospective effect. The GAAR was amended in May 2005 to broaden its scope (by bringing under its ambit the regulations, treaties, etc.) and to lessen the burden of persuasion faced by the Minister in the misuse or abuse demonstration. What is peculiar about this amendment is that it was explicitly stated to have retroactive effect to the date the GAAR was first in effect - September 12, 1988.This chapter discusses the retroactive nature of the amendment of the GAAR. It proceeds in three stages. First, it provides an account of the relevant law surrounding the effectiveness and applicability of retroactive legislation in Canada, outlining the general presumption against retroactive legislation and addressing how express terms can override this presumption in many (but not all) contexts. Particular attention is paid to how Canadian courts have approached the application of retroactive enactments to pending proceedings. Second, this background is used to evaluate the Supreme Court of Canada's handling of the amendment of the GAAR in its first GAAR judgment (Canada Trustco). Finally, the chapter closes with a discussion of the policy underlying retroactivity and the GAAR more generally, suggesting that so long as retroactive fiscal legislation is possible (as it is in Canada) it is somewhat curious that so much reliance is placed on the GAAR. Enacting retroactive specific anti-avoidance rules (perhaps with a penalty) is possible and, from a policy perspective, arguably more effective and desirable at curbing aggressive tax avoidance.
Use Of Domestic General Anti Avoidance Rules In The Context Of Tax Treaties
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Author : Seokchun Yun
language : en
Publisher:
Release Date : 2017
Use Of Domestic General Anti Avoidance Rules In The Context Of Tax Treaties written by Seokchun Yun and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
Anti Abuse Rules And Tax Treaties
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Author : Georg Kofler et al.
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2024-06-24
Anti Abuse Rules And Tax Treaties written by Georg Kofler et al. and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-24 with Law categories.
As the struggle to combat tax abuse and tax avoidance gains momentum, ways of making a tax jurisdiction ‘manipulation-proof’ continue to proliferate, from new or revised provisions in model tax treaties to a dramatic increase in the number and variety of anti-abuse and anti-avoidance rules at all levels of government. These measures interact with national tax systems, general anti-abuse clauses and tax treaties. The conflicts and other legal difficulties that inevitably result deserve intensive scrutiny. This book provides an in-depth analysis of current issues concerning the relations of various anti-abuse rules to each other and their impact on the application of tax treaties. The topics include the following: domestic general anti-avoidance rules (GAARs); domestic specific anti-avoidance rules (SAARs) (including controlled foreign company rules); minimum holding periods; indirect transfers of immovable property, shares, and rights; limitation on benefits; residence criteria in tax treaties; tax treatment of sportspersons and entertainers; the principal purpose test of Article 29 (9) OECD Model (2017); and influence of European Union Law on tax treaty abuse. The chapters are revised and expanded versions of papers presented at the 30th Viennese Symposium on International Tax Law held on 12 June 2023 at Vienna University of Economics and Business. Each author offers an in-depth analysis of a particular topic, drawing on the most recent scientific research. This is the only book available to offer such a wide-ranging, detailed, and practical analysis of how the full range of anti-abuse rules interacts with tax treaties. It will prove of immeasurable value to practitioners and law firms active in tax planning, tax consultants, academics and researchers in international tax law and counsel for companies involved in international business.
Cahiers De Droit Fiscal International
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Author : Paulo Rosenblatt
language : en
Publisher:
Release Date : 2018
Cahiers De Droit Fiscal International written by Paulo Rosenblatt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
This volume of the Cahiers has been published by Sdu, The Netherlands, on behalf of the International Fiscal Association (IFA). Once a year the Cahiers de Droit Fiscal International are published and distributed free to all the members of the Association.00These Cahiers contain a wealth of domestic and international material in dealing with the main subjects to be discussed at the following IFA Congress. They comprise IFA branch reports together with a general report on each of the two subjects selected.
A Comparative Look At Regulation Of Corporate Tax Avoidance
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Author : Karen B. Brown
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-12-09
A Comparative Look At Regulation Of Corporate Tax Avoidance written by Karen B. Brown and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-09 with Law categories.
This volume provides a fascinating look at the anti-tax avoidance strategies employed by more than fifteen countries in eastern and western Europe, Canada, the Pacific Rim, Asia, Africa, and the United States. It surveys the similarities and differences in anti-avoidance regimes and contains detailed chapters for each country surveying the moral and legal dimensions of the problem. The proliferation of tax avoidance schemes in recent years signals the global dimensions of a problem presenting a serious challenge to the effective administration of tax laws. Tax avoidance involves unacceptable manipulation of the law to obtain a tax advantage. These transactions support wasteful behavior in which corporations enter into elaborate, circuitous arrangements solely to minimize tax liability. It frustrates the ability of governments to collect sufficient revenue to provide essential public goods and services. Avoidance of duly enacted provisions (or manipulation to secure tax benefits unintended by the legislature) poses a threat to the effective operation of a free society for the benefit of a small group of members who seek the privilege of shifting their tax burden onto others merely to compete in the world of commerce. In a world in which world treasuries struggle for the resources to battle terrorist threats and to secure a decent standard of living for constituents tax avoidance can bring economies close to the edge of sustainability. As tax avoidance is one of the top concerns of most nations, the importance of this work cannot be overstated.