HMRC abusive tax avoidance rule 'at odds with rule of law' - law firm

Jenna Towler
clock

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

Join

 

Already a Professional Adviser member?

Login

More on Tax Planning

Probate cases taking nearly two years rise by 131%

Probate cases taking nearly two years rise by 131%

Increased risk of interest accruing on IHT

Jaskeet Briah
clock 07 April 2026 • 2 min read
Government confirms standalone death-in-service benefits exempt from IHT changes

Government confirms standalone death-in-service benefits exempt from IHT changes

'The draft clause was nonsensical'

Jaskeet Briah
clock 17 March 2026 • 3 min read
Tax changes cause increase in client worry

Tax changes cause increase in client worry

More than half now more worried about tax now than a year ago

Isabel Baxter
clock 10 March 2026 • 2 min read