Mind the GAAR

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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