Tax Avoidance provides a detailed discussion of UK tax avoidance principles, complex anti-avoidance legislation, and the EU principle of Abuse.
The author, experienced tax barrister Rebecca Murray, analyses decades of case law and complex anti-avoidance provisions including (inter alia) “transactions in securities”, “transactions in land”, “transfer of assets abroad” and the General Anti-Abuse Rule.
This third edition includes analysis of the changes to each of these areas in the Finance Act 2016, plus a new chapter on the highly topical subject of Accelerated Payment Notices (the author represented the taxpayers in the very first judicial review of these controversial notices).
Whether you are a solicitor, accountant, or barrister, this book will be invaluable in helping you to understand how the courts and HMRC have responded to tax avoidance including their more recent application of the principles of “Sham”, “Ramsay” and “Abuse”, as well as to navigate these difficult anti-avoidance rules which have rarely been the subject of case law.
The author draws on her vast experience to provide practical explanations of these complex areas of law but also includes an in depth discussion of historical context and overseas comparisons.
This edition presents an all-round treatment of the key areas of tax avoidance from a UK perspective, with references to international usage by way of comparison.
It will also cover:
Analysis of both the Ramsay principle and a walk through of the Halifax two limb test for abuse.
Helps identify relevant case law and legislation, as well as navigate the different types of anti-avoidance legislation.
Illustrates how the courts have responded to tax avoidance.
Includes practical explanations whilst considering historical and comparative issues, giving an intellectual context to the issues discussed.