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The GAAR meaning

Published by a LexisNexis Tax expert
What does The GAAR mean?
The GAAR is the general anti‑abuse rule used in practice to counteract tax advantages secured through abusive tax avoidance arrangements. In the UK it is a statutory regime in the Finance Act 2013. It applies where obtaining a tax advantage was one of the main purposes and the arrangements cannot reasonably be regarded as a reasonable course of action in relation to the relevant tax provisions (the “double reasonableness” test). HMRC may then adjust the tax consequences on a just and reasonable basis and issue a GAAR counteraction notice, informed by opinions of the independent GAAR Advisory Panel. The GAAR operates alongside targeted anti‑avoidance rules (TAARs) and can override other tax provisions where abuse is found, so it takes priority in abusive cases. It applies across England and Wales, Scotland and Northern Ireland to specified UK taxes, including income tax, corporation tax, capital gains tax, inheritance tax, SDLT and ATED (and associated NICs). In Ireland, a statutory GAAR in the Taxes Consolidation Act 1997 enables the Revenue Commissioners and the courts to disregard or recharacterise avoidance transactions and make just and reasonable counteractions. While the detailed statutory tests and procedure differ, the practical function across the UK and Ireland is broadly consistent.
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View the related News about The GAAR

NEWS
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NEWS
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NEWS
Fisher: UK Supreme Court narrows TOAA, requiring individual/spousal transferor with avoidance purpose and rejecting shareholder-as-transferor; implications for HMRC practice, certainty, GAAR and potential Finance Bill change

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View the related Practice Notes about The GAAR

PRACTICE NOTES
UK real estate anti-avoidance: sale and leasebacks, lease receipts taxed as income, non-resident CGT, Ramsay, DOTAS, GAAR, attribution of offshore gains, transfer of assets abroad and DPT

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PRACTICE NOTES
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PRACTICE NOTES
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