Introducing A General Anti Avoidance Rule Gaar

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Introducing a General Anti-Avoidance Rule (GAAR)

Author : Mr.Christophe J Waerzeggers
Publisher : International Monetary Fund
ISBN 13 : 1513515829
Total Pages : 12 pages
Book Rating : 4.5/5 (135 download)

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Book Synopsis Introducing a General Anti-Avoidance Rule (GAAR) by : Mr.Christophe J Waerzeggers

Download or read book Introducing a General Anti-Avoidance Rule (GAAR) written by Mr.Christophe J Waerzeggers and published by International Monetary Fund. This book was released on 2016-01-31 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

GAAR Interpreted

Author : Alan Martin Schwartz
Publisher :
ISBN 13 : 9780459280086
Total Pages : pages
Book Rating : 4.2/5 (8 download)

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Book Synopsis GAAR Interpreted by : Alan Martin Schwartz

Download or read book GAAR Interpreted written by Alan Martin Schwartz and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Guide to the Anti-Tax Avoidance Directive

Author : Werner Haslehner
Publisher : Edward Elgar Publishing
ISBN 13 : 178990577X
Total Pages : 340 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis A Guide to the Anti-Tax Avoidance Directive by : Werner Haslehner

Download or read book A Guide to the Anti-Tax Avoidance Directive written by Werner Haslehner and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

GAARs - a Key Element of Tax Systems in the Post-BEPS Tax World

Author : Michael Lang
Publisher :
ISBN 13 : 9789087223588
Total Pages : 840 pages
Book Rating : 4.2/5 (235 download)

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Book Synopsis GAARs - a Key Element of Tax Systems in the Post-BEPS Tax World by : Michael Lang

Download or read book GAARs - a Key Element of Tax Systems in the Post-BEPS Tax World written by Michael Lang and published by . This book was released on 2016 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt: General anti-avoidance rules (GAARs) have been a topic of great relevance in practice as well as in academia for decades. In a post-BEPS tax world, with national legislators introducing or tightening GAARs, and with the European Union and OECD suggesting implementation of such rules, the topic seems more important than ever. The aim of this book is to give tax policymakers, tax authorities, tax courts and tax practitioners an idea of the various understandings of and approaches towards tax avoidance in 39 countries.

Tax Avoidance in Canada

Author : Harry Erlichman
Publisher :
ISBN 13 : 9781552210604
Total Pages : 309 pages
Book Rating : 4.2/5 (16 download)

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Book Synopsis Tax Avoidance in Canada by : Harry Erlichman

Download or read book Tax Avoidance in Canada written by Harry Erlichman and published by . This book was released on 2002-01-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The introduction of section 245, the General Anti-Avoidance Rule (GAAR), as part of the 1987 reforms to the Income Tax Act generated considerable controversy. After an initial flurry of commentary, the tax community patiently awaited both the application of the GAAR by the Canada Customs and Revenue Agency and its interpretation by the courts. Now that the first judicial stirrings have been felt, it is an appropriate time to reconsider the role of the GAAR in light of developments in Canada and abroad. This book brings together writers who represent a cross section of the tax bar--public and private practitioners, and academics--whose views reflect the spectrum of debate over section 245. The book analyses the text of section 245 and the existing body of case law, and suggests a set of principles for its application. It examines the legislative history of the provision, the case law that led to its creation, the principles of interpretation of tax statutes and tax treaties, and the comparable provisions in other jurisdictions. The analysis is current to December 2001 making this book the most up-to-date resource currently available on the GAAR in Canada. Topics include: The Statutory Context of the GAAR; The Relationship Between Statutory Interpretation and Tax Avoidance; General Anti-Avoidance in the United Kingdom; Development of the GAAR in the Case Law; The GAAR and Canada's Tax Treaties Contributors: Brian J. Arnold, Goodmans; Harry Erlichman, Justice Canada; Ian Roxan, The London School of Economics and Political Science; Livia Singer, Justice Canada; David E. Spiro, Justice Canada; Susan L. Van Der Hout, Osler, Hoskin Harcourt; Marilyn Vardy, Justice Canada; Jillian M. Welch, McCarthy Tetrault LLP; and James R. Wilson, Wilson and Partners. Foreword by Peter Hogg, Professor and Dea

Taxation History, Theory, Law and Administration

Author : Parthasarathi Shome
Publisher : Springer Nature
ISBN 13 : 3030682145
Total Pages : 507 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Taxation History, Theory, Law and Administration by : Parthasarathi Shome

Download or read book Taxation History, Theory, Law and Administration written by Parthasarathi Shome and published by Springer Nature. This book was released on 2021-04-09 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tax practitioners are unfamiliar with tax theory. Tax economists remain unfamiliar with tax law and tax administration. Most textbooks relate mainly to the US, UK or European experiences. Students in emerging economies remain unfamiliar with their own taxation history. This textbook fills those gaps. It covers the concept of taxes in regards to their rationale, principles, design, and common errors. It addresses distortions in consumer choices and production decisions caused by tax and redressals. The main principles of taxation—efficiency, equity, stabilization, revenue productivity, administrative feasibility, international neutrality—are presented and discussed. The efficiency principle requires the minimisation of distortions in the market caused by tax. Equity in taxation is another principle that is maintained through progressivity in the tax structure. Similarly, other principles have their own ramifications that are also addressed. A country’s constitutional specification of tax assignment to different levels of government—central, state, municipal—are elaborated. The UK is more centralised than the US and India. India has amended its constitution to introduce a goods and services tax (GST) covering both central and state governments. Drafting of tax law is crucial for clarity and this aspect is addressed. Furthermore, the author illustrates different types of taxes such as individual income tax, corporate income tax, wealth tax, retail sales/value added/goods and services tax, selective excises, property tax, minimum taxes such as the minimum alternate tax (MAT), cash-flow tax, financial transactions tax, fringe benefits tax, customs duties and export taxes, environment tax and global carbon tax, and user charges. An emerging concern regarding the inadequacy of international taxation of multinational corporations is covered in some detail. Structural aspects of tax administration are given particular attention.

Tax Avoidance in Australia

Author : G. T. Pagone
Publisher :
ISBN 13 : 9781862877948
Total Pages : 214 pages
Book Rating : 4.8/5 (779 download)

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Book Synopsis Tax Avoidance in Australia by : G. T. Pagone

Download or read book Tax Avoidance in Australia written by G. T. Pagone and published by . This book was released on 2010-01-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring and illuminating the complexities of Australia's anti avoidance provisions in a lucid and meticulous work of scholarship is no small feat, and I know your book will quickly become an indispensable reference on the subject. Your book helps us narrow any gap in the views of reasonable people as to the application of these provisions. For this we are appreciative of your insightful work -- Michael D'Ascenzo, Commissioner of TaxationThe potential application of the general anti-tax avoidance provisions is an indispensable aspect of general commercial and domestic life, professional practice and professional advice. Daily commercial transactions frequently require consideration of whether the tax avoidance provisions may have been invoked. Normal family dealings often require consideration of whether the tax avoidance provisions have been triggered. Tax Avoidance in Australia provides a practical explanation of the workings of the main general tax avoidance provisions in Australia for income tax (Part IVA) and GST (Division 165). The explanation is placed in the context of the perceived deficiencies with the previous provisions and the elusive nature of the distinction between impermissible tax avoidance and permissible tax planning. In that context the book explains each of the elements necessary for the application of the anti-avoidance provisions and looks at how the provisions have been interpreted and applied by the Courts and by the Commissioner. The book also looks at the obligations upon advisers and the potential liability they face when advising upon or acting for taxpayers. Every legal and accounting professional advising on tax and commercial matters will find this book a rich and useful resource through which to navigate the complex provisions that make up the general anti-tax avoidance rules.

The Routledge Companion to Tax Avoidance Research

Author : Nigar Hashimzade
Publisher : Routledge
ISBN 13 : 1317377079
Total Pages : 676 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis The Routledge Companion to Tax Avoidance Research by : Nigar Hashimzade

Download or read book The Routledge Companion to Tax Avoidance Research written by Nigar Hashimzade and published by Routledge. This book was released on 2017-10-02 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: An inherently interdisciplinary subject, tax avoidance has attracted growing interest of scholars in many fields. No longer limited to law and accounting, research increasingly has been conducted from other perspectives, such as anthropology, business ethics, corporate social responsibility, and economic psychology. This was –recently stimulated by politicians, mass media, and the public focussing on tax avoidance after the global financial and economic crisis put a squeeze on private and public finances. New challenges were posed by changing definitions and controversies in the interpretation of tax avoidance concept, as well as a host of new rules and policies that need to be fully understood. This collection provides a comprehensive guide to students and academics on the subjects of tax avoidance from an interdisciplinary perspective, exploring the areas of accounting, law, economics, psychology, and sociology. It covers global as well as regional issues, presents a discussion of the definition, legality, morality, and psychology of tax avoidance, and provides guidance on measurement of economic effect of tax avoidance activities. With a truly international selection of authors from the UK, North America, Africa, Asia, Australasia, Middle East, and continental Europe, with well-known experts and rising stars of the field, the contributors cover the entire terrain of this important topic. The Routledge Companion to Tax Avoidance Research is a ground-breaking attempt to bring together scholarly research in tax avoidance, offering rigorous academic analysis of an important and hotly debated issue in a structured and balanced way.

The Tax Disputes and Litigation Review

Author : Simon Whitehead
Publisher :
ISBN 13 : 9781838620073
Total Pages : 366 pages
Book Rating : 4.6/5 (2 download)

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Book Synopsis The Tax Disputes and Litigation Review by : Simon Whitehead

Download or read book The Tax Disputes and Litigation Review written by Simon Whitehead and published by . This book was released on 2019 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legislating Against Tax Avoidance

Author : Rachel Anne Tooma
Publisher : IBFD
ISBN 13 : 9087220340
Total Pages : 405 pages
Book Rating : 4.0/5 (872 download)

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Book Synopsis Legislating Against Tax Avoidance by : Rachel Anne Tooma

Download or read book Legislating Against Tax Avoidance written by Rachel Anne Tooma and published by IBFD. This book was released on 2008 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposes a uniform statutory GAAR for the Federation of Australia, and examines "the experiences of countries with (e.g., Australia, Canada, New Zealand and South Africa) and without (e.g., the United States of America and the United Kingdom) a statutory GAAR"--Page ix.

International Taxation

Author : Nigam Nuggehalli
Publisher : Springer
ISBN 13 : 9788132236689
Total Pages : 112 pages
Book Rating : 4.2/5 (366 download)

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Book Synopsis International Taxation by : Nigam Nuggehalli

Download or read book International Taxation written by Nigam Nuggehalli and published by Springer. This book was released on 2019-11-26 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers all major topics in international tax law, ranging from permanent establishments and capital gains to the taxation of royalties and technical services, transfer pricing, and General Anti-Avoidance Legislation. It also highlights the Indian “story” of status vs. contract by examining four areas of controversy: permanent establishments, FTS (Fees for Technical Services) & Royalty, capital gains, and transfer pricing. The book approaches the subject of international taxation from two opposing yet related perspectives. One is the tax planning perspective, which involves contracts entered into by individuals and companies; the other is that of state regulation through increasingly complex legislation. The area of permanent establishments demonstrates the dominance of contracts over status, at least with respect to Indian tax law. However, some recent judicial decisions in this area demonstrate the susceptibility of contracts to status-related arguments. The areas of FTS & Royalty as well as those of capital gains and transfer pricing demonstrate the Indian government’s attempts to establish, through legislation, the dominance of status over contracts. Whereas traditional textbooks on international tax law focus on the legal technicalities of tax legislation, this book provides tax scholars and lawyers with an understanding of tax planning and tax legislation side by side in each chapter, specifying the respective kind of actual or anticipated tax planning activity that in turn prompted a legislative response. As such, it offers readers a contextual and practical introduction to the complexities of international tax law, as well as an in-depth analysis of the latest debates and controversies in this area.

International Tax Policy and Double Tax Treaties

Author : Kevin Holmes
Publisher : IBFD
ISBN 13 : 9087220235
Total Pages : 433 pages
Book Rating : 4.0/5 (872 download)

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Book Synopsis International Tax Policy and Double Tax Treaties by : Kevin Holmes

Download or read book International Tax Policy and Double Tax Treaties written by Kevin Holmes and published by IBFD. This book was released on 2007 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains the concepts that underlie international tax law and double tax treaties and provides an insight into how international tax policy, law and practice operate to ultimately impose tax on international business and investment.

Combating Tax Avoidance in the EU

Author : José Manuel Almudí Cid
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403501421
Total Pages : 656 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Combating Tax Avoidance in the EU by : José Manuel Almudí Cid

Download or read book Combating Tax Avoidance in the EU written by José Manuel Almudí Cid and published by Kluwer Law International B.V.. This book was released on 2018-12-20 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following each Member State's need to rebuild a strong and stable economy after the 2007 financial crisis, the European Union (EU) has developed a robust new transparency framework with binding anti-abuse measures and stronger instruments to challenge external threats of base erosion. This is the first and only book to provide a complete detailed analysis of the Anti-Tax Avoidance Package and other recent and ongoing European actions taken in direct taxation. With contributions from both prominent tax academics and Spain's delegates to the European meetings where these rules are debated and promulgated, the book covers such issues and topics as the following: – the development of the EU Strategy towards Aggressive Tax Planning; – recent tax-related jurisprudence of the European Court of Justice; – the Anti-Tax Avoidance Directive; – tax treaties and non-tax treaties with tax consequences both between Member States and between Member States and third countries; – code of conduct for business taxation; – automatic exchange of information; – country-by-country reporting; – arbitration in tax matters; – external strategy for effective taxation regarding non-EU countries; – competition and state aid developments in direct taxation; – the Common Consolidated Tax Base; and – digital significant presence and permanent establishment. As the EU pursues its ambitious tax agenda, taxation's contribution to EU growth and competitiveness and its part in relations with the rest of the world will come into ever clearer focus. In addition to its insights into these trends, the book's unparalleled practical information and analysis will be of great value to tax practitioners dealing with investment analysis, tax planning schemes, and other features of the current international tax landscape.

Tolley's Anti-Avoidance Provisions

Author : Robert W. Maas
Publisher :
ISBN 13 : 9781860124464
Total Pages : pages
Book Rating : 4.1/5 (244 download)

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Book Synopsis Tolley's Anti-Avoidance Provisions by : Robert W. Maas

Download or read book Tolley's Anti-Avoidance Provisions written by Robert W. Maas and published by . This book was released on 1997-11 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: With many new anti-avoidance messures expected under a Labour Government and the possible introduction of a General Anti Avoidance Rule (GAAR) this work should aid avoidance of the new tax-planning pitfalls. This authoritative work provides a comprehensive review of statute and case law aimed at preventing the avoidance of the five main UK taxes. Written by a leading UK tax authority it provides straightforward advice in a clear and readable format. It includes a chapter on evolving case law and contains all the information needed to effect the most profitable tax planning. Included in the subscription are two updates per annum. It also contains the full text of the GAAR.

Introducing an Advance Tax Ruling (ATR) Regime

Author : Mr.Christophe J Waerzeggers
Publisher : International Monetary Fund
ISBN 13 : 1513511610
Total Pages : 14 pages
Book Rating : 4.5/5 (135 download)

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Book Synopsis Introducing an Advance Tax Ruling (ATR) Regime by : Mr.Christophe J Waerzeggers

Download or read book Introducing an Advance Tax Ruling (ATR) Regime written by Mr.Christophe J Waerzeggers and published by International Monetary Fund. This book was released on 2016-05-31 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advance tax rulings are a common feature of mature tax systems. The tax systems of the United States, the United Kingdom, the Netherlands, Germany, Australia, and South Africa all have established ruling practices. Taxpayers can obtain an advance tax ruling in nearly all OECD member countries. Increasingly, many non-OECD countries are also offering advance tax rulings. An advance tax ruling regime seeks to promote clarity and consistency regarding the application of the tax law for both taxpayers and the tax authority. However, there are also inherent risks associated with the proliferation of granting confidential advance tax rulings which are not published or otherwise reported. This Tax Law IMF Technical Note focuses on designing an advance tax ruling regime in the nature of private tax rulings.

Controlled Foreign Company Legislation

Author : Organisation for Economic Co-operation and Development
Publisher : OECD
ISBN 13 :
Total Pages : 172 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Controlled Foreign Company Legislation by : Organisation for Economic Co-operation and Development

Download or read book Controlled Foreign Company Legislation written by Organisation for Economic Co-operation and Development and published by OECD. This book was released on 1996 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: A descriptive report providing factual information on controlled foreign company legislation as of June 1995 in the 14 OECD member countries that operated such regimes.

The problem with Tax-Planning - Avoidance or Evasion

Author : Sankhanath Bandyopadhyay
Publisher : GRIN Verlag
ISBN 13 : 3656333750
Total Pages : 16 pages
Book Rating : 4.6/5 (563 download)

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Book Synopsis The problem with Tax-Planning - Avoidance or Evasion by : Sankhanath Bandyopadhyay

Download or read book The problem with Tax-Planning - Avoidance or Evasion written by Sankhanath Bandyopadhyay and published by GRIN Verlag. This book was released on 2012-12-12 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scientific Essay from the year 2012 in the subject Law - Tax / Fiscal Law, grade: _, Jawaharlal Nehru University (Centre for Budget and Governance Accountability), course: Economics(Public Finance & Taxation), language: English, abstract: The recent verdict by Supreme Court on Vodafone case generates fresh debates on whether India needs to review her existing legal provisions particularly with respect to offshore tax laws. In this context, formal treatment and clear demarcations between tax evasion, tax avoidance and tax planning practices are imperative. The Standing Committee on Finance in its 49th Report on Direct Taxes Code bill, 2010(submitted to Parliament on 9th march, 2012) recommended Controlled Foreign Corporations (CFC) rules, Advance Pricing Agreement (APA) along with General Anti Avoidance Rule(GAAR) provision to replace the Income Tax Act, 1961 as per the International Taxation Standard and also in line with the recent Chinese Corporate Income Tax (CIT) Law introduced in 2008 to deal with offshore transactions via holding companies. Whereas introduction of GAAR is essential given the limited applications of a specific or targeted anti avoidance rule, the Committee also acknowledges the need for an appropriate Dispute Resolution Panel (DRP) as GAAR might result in a disproportionate discretionary power for the Income tax authority. The appropriate application of GAAR provision assumes a crucial role, in particular with countries lacking any Limitations of Benefit (LOB) clause (e.g. Mauritius) with India. Before entering into litigation, it might be beneficial to settle tax disputes through a bilateral negotiation in the form of Mutual Agreement Procedure (MAP), where tax authorities of the respective countries negotiate to settle disputes in a cordial manner.