What role does the UK general anti-abuse rule play in preventing tax avoidance using loan relationships and how does this role affect the way we should conceptualise the GAAR when applied to other corporation tax matters?

Helliwell, Richard Alexander (2018). What role does the UK general anti-abuse rule play in preventing tax avoidance using loan relationships and how does this role affect the way we should conceptualise the GAAR when applied to other corporation tax matters? University of Birmingham. M.Sc.

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Abstract

This dissertation considers the role of the UK General Anti Abuse Rule ('GAAR') in challenging loan relationship based tax avoidance in comparison with the other measures, which are at the disposal of Her Majesty's Revenue and Customs. In particular, the potential effectiveness of the GAAR is compared with the loan relationship Targeted Anti-Avoidance Rule at s455B - s455D of the Corporation Tax Act 2009 ('CT A 2009'), Section 441, CT A 2009 and the Ramsay Principle. The analysis is based on a detailed review of 13 recent loan relationship avoidance cases, including \(Greene\) \(King\), \(Stagecoach\) and \(Suez\) \(Teesside\), and provides an assessment of the impact GAAR could have on these cases. Finally, this dissertation briefly considers how conclusions reached in respect of loan relationships may affect the role of the GAAR when applied to other corporation tax matters.

Type of Work:

Thesis (Masters by Research > M.Sc.)

Award Type:

Masters by Research > M.Sc.

Supervisor(s):