Podcast Location:
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Tax Law
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

The aim of this podcast is to set out the arguments for the introduction of a GAAR in the UK. Using the collective experience of two senior tax practitioners, the podcast will address the intellectual and practical benefits and difficulties of such a scheme may introduce.

After completing the course you will:
  • Understand what a GAAR is and how it works;
  • Understand how a GAAR differs from traditional Targeted Anti-Avoidance Rules (or TAARs);
  • Be aware of the practical difficulties that may be experienced by business and individuals if such a rule were introduced;
  • Understand the arguments for and against the publication of decisions;
  • Be aware of the likely impact of a GAAR on HMRC’s inspection powers;
  • Be aware of the possible conflict between the freedom of taxpayers to arrange their affairs in a tax efficient way and a GAAR.
Complex Difficulty: 4 of 5
Legal Principles
Panel Discussion
Sources and References:
  • Astall v Revenue & Customs (2009) LTL 9/10/2009;
  • Ramsay v IRC [1982] AC 300 (HL);
  • IRC v Duke of Westminster [1936] AC 1 (HL);
  • Barclays Mercantile Business Finance Ltd v HM Inspector of Taxes [2004] UKHL 51;
  • MacNiven v Westmoreland Investments Ltd [2003] 1 AC 311;
  • Canada Trustco Mortgage Co v The Queen 2005 SCC 54.

In this podcast, James Bullock and Rupert Shiers make a frank assessment of the prospect of a GAAR (a General Anti-Avoidance Rule) being introduced by the new government into the UK's tax code and what such a proposal may mean for business and individuals.

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