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Legislating Against Tax Avoidance

Author: Rachel Anne Tooma
Summary

Taxpayer uncertainty is the most frequently cited argument against statutory general anti-avoidance rules (GAARs).

This book discusses, among other things, tax and tax avoidance, advantages and disadvantages of statutory GAARs, and argues that there is greater taxpayer certainty where a statutory GAAR exists.

The book considers the form of a statutory GAAR that may best be expected to promote taxpayer certainty, using the Australian statutory GAARs (federal and state/territory) and the GAARs of jurisdictions including New Zealand, Canada and South Africa.

However, in order to promote taxpayer certainty, a uniform statutory GAAR is ultimately proposed for all jurisdictions within a federation, with safeguards to ensure its appropriate administration.

View sample chapter    |    View table of contents

This title provides a unique insight into the complexities of taxpayer uncertainty. The book is of interest to policy makers, practitioners and academics alike.

     

Main Contents
  • Chapter One: Introduction
  • Chapter Two: Statutory General Anti-Avoidance Rules
  • Chapter Three: Assessment of Alternatives to General Anti-Avoidance Rules
  • Chapter Four: Statutory GAAR in Australia's Income Taxation Legislation
  • Chapter Five: Form of a Statutory GAAR
  • Chapter Six: A Uniform Statutory GAAR
  • Chapter Seven: Conclusions
About the Author
Dr Rachel Tooma, BA LLB(Hons)(Macq), LLM (UNSW), PhD (UNSW), is a lecturer at the Australian School of Taxation, Faculty of Law, the University of New South Wales. Prior to lecturing, Rachel worked as a taxation lawyer in Australia.
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International Tax Planning & Prevention of Abuse [book]

This book considers the treaty based anti-avoidance measures such as “beneficial ownership” - requirement and “limitation on benefits” - provisions.


Fundamentals of International Tax Planning [book] This book includes a discusion on the differences between the concepts of tax planning, avoidance and evasion.

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