GAAR: The final tax frontier? - Taxsutra Reservoir

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General Anti-avoidance Rules: The final tax frontier?

General Anti-avoidance Rules: The final tax frontier?

by Mukesh Butani
About Book:

Aggressive practices of taxpayers continuously test the tolerance limits of judicial systems, which seek to accord them greater latitude to balance their rights against tax as a manifestation of the sovereign’s entitlement. Opponents of General Anti-Avoidance Rules, or GAAR, have argued that a statutory rule is not required since a judicial approach is sufficient safeguard against tax evasion. On the other hand, tax administrations around the world have been seeking greater empowerment and flexibility to address the scourge of tax avoidance, which often hinges upon colourable devices and complex legal structures. With increasingly complex commercial structures and new age business models, most jurisdictions have introduced their own GAAR, which permit their tax administrations to nullify artificial structures and recharacterise them to match the economic realities. Addressing complex, divergent dimensions and more, General Anti-Avoidance Rules: The Final Tax Frontier? brings together diverse reflections by leading global tax and legal experts on the subject in general and India’s General Anti-Avoidance Rules in particular. Spread over 20 jurisdictions, the essays by renowned luminaries, jurists, academicians and policymakers have been curated to address the relevant aspects of GAAR, both from an India-centric as well as a global standpoint. This treatise is a unique and unprecedented inquiry collating wide-ranging points of view which GAAR entails, intertwined with reflections on tax concepts, international customary and treaty law and policy.

Categories: Direct Taxes
Publisher: Thomson Reuters South Asia Private Limited
About Publisher:

Thomson Reuters is one of the world’s most trusted providers of answers, helping professionals make confident decisions and run better businesses. Thomson Reuters, India, Legal is a part of this group and publishes legal content covering a spectrum of topics by leading experts and professionals in this domain. Newgen, a contracting affiliate of Thomson Reuters, India, Legal produces and promotes these publications on their behalf across South East Asia. 

Author: Mukesh Butani
About Author:
Mukesh Butani :

Mukesh Butani is Founder & Managing Partner of BMR Legal Advocates. With specialisation in domestic corporate international tax and transfer pricing, he has over three decades of experience in advising multinationals and Indian conglomerates on a wide range of matters relating to FDI policy, business re-organisations, cross-border tax structuring, tax controversy and regulatory policy. He is an acknowledged expert in the area of International Tax policy, controversy & advocacy, and has to his credit several landmark judicial pronouncements.


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About Book:

Aggressive practices of taxpayers continuously test the tolerance limits of judicial systems, which seek to accord them greater latitude to balance their rights against tax as a manifestation of the sovereign’s entitlement. Opponents of General Anti-Avoidance Rules, or GAAR, have argued that a statutory rule is not required since a judicial approach is sufficient safeguard against tax evasion. On the other hand, tax administrations around the world have been seeking greater empowerment and flexibility to address the scourge of tax avoidance, which often hinges upon colourable devices and complex legal structures. With increasingly complex commercial structures and new age business models, most jurisdictions have introduced their own GAAR, which permit their tax administrations to nullify artificial structures and recharacterise them to match the economic realities. Addressing complex, divergent dimensions and more, General Anti-Avoidance Rules: The Final Tax Frontier? brings together diverse reflections by leading global tax and legal experts on the subject in general and India’s General Anti-Avoidance Rules in particular. Spread over 20 jurisdictions, the essays by renowned luminaries, jurists, academicians and policymakers have been curated to address the relevant aspects of GAAR, both from an India-centric as well as a global standpoint. This treatise is a unique and unprecedented inquiry collating wide-ranging points of view which GAAR entails, intertwined with reflections on tax concepts, international customary and treaty law and policy.

Categories: Direct Taxes
Publisher: Thomson Reuters South Asia Private Limited
About Publisher:

Thomson Reuters is one of the world’s most trusted providers of answers, helping professionals make confident decisions and run better businesses. Thomson Reuters, India, Legal is a part of this group and publishes legal content covering a spectrum of topics by leading experts and professionals in this domain. Newgen, a contracting affiliate of Thomson Reuters, India, Legal produces and promotes these publications on their behalf across South East Asia. 

Author: Mukesh Butani
About Author:
Mukesh Butani :

Mukesh Butani is Founder & Managing Partner of BMR Legal Advocates. With specialisation in domestic corporate international tax and transfer pricing, he has over three decades of experience in advising multinationals and Indian conglomerates on a wide range of matters relating to FDI policy, business re-organisations, cross-border tax structuring, tax controversy and regulatory policy. He is an acknowledged expert in the area of International Tax policy, controversy & advocacy, and has to his credit several landmark judicial pronouncements.

Similar Books

Ratings and Reviews

Overall Rating
Review
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