The Regulation of Tax Avoidance

Préface
Allows practitioners to understand the legislative and regulatory frameworks that apply to the concept of tax avoidance, so as to recognise their obligations, and the obligations of their clients, in this field.

Auteur
Hartley Foster is a Partner and Head of Tax Disputes at Field Fisher.

Texte du rabat

Tax avoidance is an area of law that changes frequently, and is subject to close scrutiny. 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 concept of "tax avoidance", and how it has been developed in legislation and case law, is clearly explained. The author also 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).

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 authoritative title will help advisers to avoid falling foul of these regulations and ensure that their reputation as a provider of tax advice remains 'clean'.

Contenu
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 looks at the supply side measures that have been introduced, particularly since 2000. 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 Solicitors Code of Conduct Chapter 8: APNs Chapter 9: Follower Notices Chapter 10: POTAS Chapter 11: Serial Tax Avoiders Chapter 12: Appeals and Judicial Review