Anti-avoidance legislation by Ron McBurnie

Cover of: Anti-avoidance legislation | Ron McBurnie

Published by Member Services Directorate of The Institute of Chartered Accountants in England and Wales in London .

Written in English

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Edition Notes

Updates and replaces, Tax digest no. 62.

Book details

Statementby Ron McBurnie and Julie Evans.
SeriesTax digest -- 89
ContributionsEvans, Julie, 1961 Feb. 22-, Institute of Chartered Accountants in England andWales. Member Services Directorate.
The Physical Object
Pagination40p. ;
Number of Pages40
ID Numbers
Open LibraryOL15379290M
ISBN 101853551554

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General Anti-avoidance Rules for Major Developing Countries. is the first in-depth treatment of anti-avoidance issues in the three major developing nations of India, Brazil and South Africa.

Taking a comprehensive and comparative approach, analysis of over cases and legal references are included, as well as examination of the statutory legislation and administrative Author: Paulo Rosenblatt.

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location London. Varieties of general anti-avoidance legislation. This book provides an overview of recent tax reforms and institutional frameworks of four major developing economies, China, India, Brazil, and Mexico, with a focus on China.

Most important, this book investigates the tax avoidance behaviors as well as their anti-avoidance by: This book provides an overview of recent tax reforms and institutional frameworks of four major developing economies, China, India, Brazil, and Mexico, with a focus on China.

Most important, this 5/5(1). This book provides a concise, practical guide to the European Union’s Anti-Tax Avoidance Directive (ATAD). This paper specifically examines the recent amendments to and implementation of both the Australian and British General Anti-Avoidance rules (GAARs) and subjects them to specific assessment Anti-avoidance legislation book which assist in gauging their overall effectiveness.

The commentary set out in this guidance note is based on the current substantial shareholding exemption (SSE) legislation. For more in depth commentary on these provisions, see Simon’s Taxes D The SSE regime contains anti-avoidance provisions which are designed to prevent the abuse of SSE.

There is no general anti-avoidance rule in the UK tax legislation, however in relation to arrangements entered into on or after 17 July the general anti-abuse rule (GAAR) must be considered.

If tax arrangements are abusive, any tax advantages arising from those arrangements are removed ('countered') by HMRC who may do so by making or. Tax avoidance: general anti-abuse rule guidance - latest version Use the general anti-abuse rule (GAAR) guidance to help you recognise abusive tax.

Introduction: The anti avoidance rules Section (1) contained the acts’ general anti-avoidance rule (GAAR) for a number of years. This provision did, however, contain certain inherent weaknesses with the result that a new GAAR was incorporated within the Act.

When the law draws a line, a case is on one side of it or the other, and if on the safe side is none the Anti-avoidance legislation book legally that a party has availed himself to the full of what the law permits. When an act is condemned as evasion, what is meant is that it is on the wrong side of the.

GENERAL ANTI-AVOIDANCE RULE SECTION OF THE INCOME TAX ACT. IC Octo 1. The purpose of this circular is to provide guidance with respect to the application of the general anti-avoidance rule, section of the Income Tax Act (the Act).

A Veritable Section-Wise Commentary on the General Anti-Avoidance Rules (GAAR) as re-enacted by the Finance Act,incorporating Parthasarathi Shome Report and also a study of Specific Avoidance Rules under the Income- tax Act and under a tax treaty and a study of judge-made rules relating to avoidance of tax such as – economic substance; sham transaction; business purpose; step.

General Anti-Avoidance Rules in Canada: history, scheme, source, and enforcement (Vokhid Urinov) 8. Formulating a General Anti-Abuse Rule (GAAR) in tax legislation: insights and recommendations (Reuven S.

Avi-Yonah and Amir Pichhadze) Part C. Regional and Global Perspectives in Tax Avoidance 9. Tax Avoidance Law in New Zealand - 2nd Anti-avoidance legislation book This second edition of the authoritative text by James Coleman discusses New Zealand jurisprudence on the general anti-avoidance provision.

It enables practitioners to comply with the provision with increased confidence and. This book is a ‘Veritable Section-Wise Commentary on General Anti-Avoidance Rules’ along with emphasis on Parthasarathi Shome Report, Specific Anti-Avoidance Rules and Judicial Anti-Avoidance Rules.

The Present Publication, authored by D.P. Mittal, is the latest edition, with the following noteworthy features: This book explains the concept of General Anti-Avoidance Rules (‘GAAR. Tax Avoidance provides a detailed discussion of UK tax avoidance principles and complex anti-avoidance legislation.

It is an ideal reference for solicitors, barristers and accountants looking to identify relevant case law and legislation which clearly explains how the courts have responded to key tax avoidance cases.

This new edition includes. Book Abstract: International Tax Systems and Planning Techniques provides detailed coverage of the legislation and planning techniques for investments and business opportunities in 32 key jurisdictions worldwide.

Offers accessible information on cross-border transactional issues and relevant anti-avoidance legislation affecting their tax efficiency.

Considers the taxation of foreign source. HMRC commented that its intention was to move away from black-letter anti-avoidance provisions and towards more purposive legislation.

An example of this is the principles-based approach to disguised interest and transfers of income streams (see Background), which HMRC is continuing to discuss with business and in relation to which HMRC intends to include legislation in the Finance Bill 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. HMRC publishes FAQs on draft anti-avoidance legislation on disguised remunerationby PLC Share Schemes & IncentivesRelated ContentHM Revenue & Customs has published a set of Frequently Asked Questions relating to the scope and application of the draft anti-avoidance legislation on "disguised remuneration", including remuneration provided through employee benefit trusts and employer.

1 day ago  The book also highlights the differences between the law in various Commonwealth Caribbean countries and refers to points of difference with English law. The following areas are given particular emphasis: statutory construction, anti-avoidance, withholding tax, exempt income, judicial review of tax assessments, and the capital/income dichotomy.

ADVERTISEMENTS: The following points highlight the top six anti-avoidance measures for taxation. The measures are: 1. Exchange of Information 2. Transfer of Tax Residence and Exit Taxes 3. Exchange Controls 4. Branch Profits Tax 5.

Use of Tax Havens 6. Anti-EC Directive Shopping Legislation. Exchange of Information: The controls over international tax avoidance and [ ]. This article explains the important topic of the promulgated general anti-avoidance rules in the Income Tax Act.

SARS is serious about tax compliance and does not respond kindly to any tax avoidance scheme. When it was promulgated, Minister Trevor Manuel stated clearly in parliament that SARS is now empowered with the new anti-avoidance rules to.

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. The Income Tax Act, 58 of (‘Income Tax Act’) contains various specific anti-avoidance rules aimed at preventing the abuse of certain specific sections in the Income Tax Act.

However, over and above these specific anti-abuse provisions, the general anti-avoidance rules (‘the GAAR’) would also find application to cover further.

An anti-avoidance measure is a rule that prevents the reduction of tax by legal arrangements, where those arrangements are put in place purely to reduce tax, and would not otherwise be regarded as a reasonable course of action. "anti-avoidance measures" published on 01 Jan by Edward Elgar Publishing Limited.

GAARs and Judicial Anti-Avoidance in Germany, the UK and the EU: Schriftenreihe IStR Band 98 - Ebook written by Markus Seiler. Read this book using Google Play Books app on your PC, android, iOS devices. Download for offline reading, highlight, bookmark or take notes while you read GAARs and Judicial Anti-Avoidance in Germany, the UK and the EU: Schriftenreihe IStR Band ‎The rules of Irish law and statutory interpretation.

Irish anti-avoidance case law, including McGrath, O'Flynn and Droog. Definitions and application of s Revenue powers, formation and delivery of opinion. GAAR in other jurisdictions (UK and Canada), anti-avoidance doctrine at European Court of.

This book is a compilation of contributions exploring the impact of the European Treaty provisions regarding state aid on Member States’ legislation and administrative practice in the area of business taxation.

Starting from a detailed analysis of the European Courts’ jurisprudence on Art TFEU. This book is a compilation of contributions exploring the impact of the European Treaty provisions regarding state aid on Member States’ legislation and administrative practice in the area of business taxation.

Starting from a detailed analysis of the European Courts’ jurisprudence on Art TFEU the authors lay out fundamental issues. Collection of Tax Revenue Elite Class of Tax Payers Ethical Responsibility GAARs General Anti-Avoidance Rules Infrastructure Manipulation of the Law Minimizing Tax Liability Parallel Developments Across Borders Public Goods Public Services Special Penalty Provisions TAARs Targeted Anti-Avoidance Rules Tax Advantage Tax Advisors Tax Avoidance Tax Burden Tax Disclosure Tax.

Anti-avoidance rules may equally refer to tax exempt and low-tax companies from tax havens as well as companies incorporated in developed countries with high taxation. Tax Treaties Many countries conclude tax treaties on a bilateral basis to prevent double taxation of their citizens on the same income (profit, capital gain, inheritance etc).

Tax avoidance also includes situations where a person reduces or eliminates tax through a transaction or a series of transactions that comply with the letter of the law but violate the spirit and intent of the law.

It was to address these latter situations that the general anti-avoidance rule was enacted in Section is a general anti-avoidance provision found in the Income Tax Assessment Act Together with sections 25(1) and 51(1), it is one of the most important sections of the Act.

This book is a joint effort between the Amsterdam Centre for Tax Law (ACTL) of the University of Amsterdam, its partner institutions within the Global Tax Conference Project (New York University, the University of São Paulo and the Central University of Finance and Economics of Beijing) and IBFD, in the framework of well-established bilateral.

For example, the government adopted controlled foreign corporation anti-avoidance provisions (Action Item 3) in the early s, and these provisions have. Controlled foreign company legislation is an international tax topic that has become increasingly important in recent years.

Both the OECD and the European Union have taken initiatives to introduce controlled foreign company rules as anti-avoidance tax provisions that. Anti-Avoidance Law Ian A.

Saunders* I. INTRODUCTION T he United Kingdom's approach to countering tax avoidance is a piecemeal one. The civil law concept of "abuse of law" has not been used in the United Kingdom,1 nor does there exist a general statu-tory anti-avoidance rule.2 Thus the law has evolved and developed.

There is anti-avoidance legislation to prevent assets being gifted but with the donor retaining a benefit from the asset (for example the gift of the main residence while continuing to live in it will be ineffective from an IHT perspective unless market value rent is charged).

Gifts in life may be a way to circumvent inheritance tax on death. In particular, we have various provisions in the laws of Ghana which seek to curtail tax avoidance on the part of the taxpayers.

The Income Tax Act. Product Description. In Octoberthe Supreme Court of Canada released its much-anticipated decisions in The Queen Trustco Mortgage Co.

and Mathew Queen—the first cases in which the Court has specifically addressed the General Anti-Avoidance Rule (GAAR) in section of the Canadian Income Tax then, the Tax Court of Canada has released several decisions in .

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