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Does the general anti-abuse rule deserve criticism?
KEY POINTS
- Detailed guidance on the general anti abuse rule has been issued by HMRC and the GAAR Advisory Panel.
- Is not the will of parliament to be found in the legislation it enacts?
- Does HMRC’s GAAR guidance reflect the will of parliament or the department’s interpretation of this?
- FA 2013 s 211 confirms that courts must have regard to the views of HMRC.
- HMRC are entitled to disregard the views of the GAAR Advisory Panel.
The general anti-abuse rule (GAAR) is now the law of the land and forms part of the legislative framework in which we must operate as taxpayers and advisers.
Whether or not we agree with it is neither here nor there. FA 2013 Part 5 sets out all the rules and we...
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