GAAR rising Mapping tax enforcement’s evolution – February 2013

Defining GAAR
Anti-avoidance rules are divided into two main categories: “general” and “specific.”A general anti-avoidance rule (GAAR) is aset of broad principles-based rules within a country’s tax code designed to counteractthe perceived avoidance of tax. GAAR is aconcept within law that provides the taxingauthority a mechanism to deny the tax benefits of transactions or arrangements
believed not to have any commercialsubstance or purpose other than to generatethe tax benefit(s) obtained.
Tax law designed to deal with particulartransactions of concern are termed as eitherspecific  anti-avoidance rules (SAARs) or, lesscommonly, targeted anti-avoidance rules
(TAARs).
 
 
Contents
Introduction
2 Today’s shifting GAAR landscape:highlighting recent changes around theworld
 
5 Common traits of anti-avoidance and GAARs: the differences in localdesign and approach
 
10 GAAR and SAAR: what’s thedifference, and when do theyintersect?
 
16 GAAR and tax treaties
 
18 GAAR design and administration:the balancing act
 
20 Living with GAAR: leading practicesfor tax life cycle management
 
22 Business as usual?
 
28 Appendix
GAAR assessments by country
 

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