The government's general anti-abuse rule (GAAR) targeting abuse of the tax system could hand HM Revenue & Customs discretionary power "at odds with the rule of law", a lawyer has warned.
A consultation on the GAAR, specifically targeted against artificial and abusive tax avoidance schemes, was released by the government yesterday. Neal Todd, corporate tax partner at City law firm Berwin Leighton Paisner said: "Whatever the merits of the government's policy to target ‘highly abusive' and ‘contrived' tax planning, it is vital that any GAAR not act as a deterrent to the middle ground of sensible tax planning. "The draft clauses announced by the government yesterday illustrate just how difficult this is going to be to achieve in practice." He added the double reasonabl...
To continue reading this article...
Join Professional Adviser for free
- Unlimited access to real-time news, industry insights and market intelligence
- Stay ahead of the curve with spotlights on emerging trends and technologies
- Receive breaking news stories straight to your inbox in the daily newsletters
- Make smart business decisions with the latest developments in regulation, investing retirement and protection
- Members-only access to the editor’s weekly Friday commentary
- Be the first to hear about our events and awards programmes