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Coming Soon The Regulation of Tax Avoidance

The Regulation of Tax Avoidance

  • 作者:
  • 出版商: Bloomsbury Professional (formerly Tottel Publishing)
  • ISBN: 9781526516282
  • 出版时间 July 2025
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
JP¥36,660.00
发货时间:大约 4-5 weeks ?Extra 2-10 working days for address outside Hong Kong
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  • 描述 
  • 大纲 
  • 详细

    This book explains the concept of "tax avoidance", and how it has been developed in legislation and case law, and provides practical guidance with regard to the application of the supply side measures (from DOTAS (Disclosure of Tax Avoidance Schemes) to POTAS (Promoters of Tax Avoidance Schemes) that have been introduced particularly since 2000.

    Tax avoidance is a concept that has been the subject of considerable scrutiny. It is also an area of tax law that is subject to regular change. Tax practitioners are expected to understand the legislative and regulatory frameworks that apply, so as to recognise their obligations, and the obligations of their clients to behave responsibility. This book focuses on the ways in which tax avoidance has been combated in the UK.

    The first part of the book looks primarily at the relevant legal developments, highlighting the relevant cases throughout. Part Two covers the supply side measures that have been introduced, from DOTAS onwards, including the penalty regime, with the aim of seeking to dissuade individuals and businesses from engaging in tax avoidance practices. The measures applying to both indirect and direct taxes are covered. This is a complex and changing area of tax law and this title will help advisers to avoid falling foul of these regulations and ensure that their reputation as a provider of tax advice remains 'clean'.

  • PART ONE: What is tax avoidance?
    Chapter 1: Introduction
    Chapter 2: Tax Avoidance
    What is tax avoidance?
    Analysis of the concepts of (a) "tax evasion" and "sham transactions", (b) "tax avoidance" and (c) "tax mitigation"
    Measuring the "tax gap"
    Chapter 3: the domestic jurisprudence - 50 years from Rossminster to Rangers
    1970s: respect for legal facts created by the parties (IRC v Duke of Westminster)
    1980s: composite transactions
    - Ramsay
    - Extending Ramsay: Furniss v Dawson
    - Limits on Ramsay (Craven v White)
    1990s:
    - Emergence of a purposive approach (McGuickian)
    2000s:
    - Distinction between "commercial" v "legal" concepts (MacNiven v Westmoreland)
    - Purposive construction or a judicial anti-avoidance rule?
    - Development and refinement of the purposive approach (and the end of Ramsay as a special theory?) (BMBF)
    2010s:
    - construe purposively the statutory provisions and the relevant facts viewed realistically (Icebreaker, Rangers)
    2020s
    Can taxpayers rely on a purposive interpretation of statute? (Whittles v Uniholdings, Trigg)
    Chapter 4: the EU approach
    Doctrine of abuse of rights (Emsland-Starke, Centros)
    Developments in VAT (Halifax)
    Approach in direct tax
    o Wholly artificial arrangements (ICI v Colmer)
    o (Cadbury Schweppes)
    Anti-Tax Avoidance Directive
    Chapter 5: Methods of legislative control
    Retrospective legislation
    TAARs
    Transactions in securities (ss.682 to 686, ITA 2007)
    Diverted Profits Tax
    GAAR
    The Loan Charge
    Penalties
    Publicity and morality

    PART 2. From DOTAS to POTAS
    Chapter 6: Disclosure of Tax Avoidance Schemes
    Direct taxes
    National Insurance Contributions
    VAT
    Key concepts, including "tax advantage", "promoter" and "hallmarks"
    Penalties
    Information powers
    EU's DAC 6 Directive
    Chapter 7: The Regulatory Codes
    Banking Code of Conduct
    PCRT

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