The GAAR lays down a marker for
unacceptable tax avoidance which advisers need to work with, not against,
says Peter Rayney
HMRC's general anti-abuse rule (GAAR) became law on 17 July
2013, when the Finance Act (FA) 2013 received Royal Assent. Its main
aim is to deter and stamp out abusive tax planning. The GAAR was spawned
out of a study led by Graham Aaronson QC about the feasibility of
introducing a GAAR. Aaronson's report recommended the adoption of
a narrowly targeted anti-avoidance rule to counter artificial and
egregious tax avoidance schemes, which would not interfere with 'responsible
tax planning'. Aaronson was also conscious of the need to provide
an attractive and competitive UK tax regime for business and therefore
decided against a widely drawn anti-avoidance rule.
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