Why this book?
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.
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.