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

This podcast is aimed at those interested in tax planning and contentious tax disputes. It explores the new proposals suggested by leading tax silk Graham Aaronson QC to introduce a General Anti-Abuse Rule (GAAR) into the UK tax code in order to curb perceived abuses of the tax system.

It addresses the key distinctions between this more targeted regime and a General Anti-Avoidance Rule. It explores how the proposed regime would work in practice and what issues remain to be ironed out including the degree to which tax planning is permissible and legitimate.

After completing the course you will:
  • Understand the difference between a General Anti-Avoidance Rule and a General Anti-Abuse Rule;
  • Understand what would constitute an ‘abusive’ arrangement for the purposes of the proposed GAAR;
  • Know what the proposed GAAR is intended to achieve;
  • Understand the historical and practical difficulties of introducing a GAAR into the UK and how those issues may be overcome;
  • Understand what a GAAR would mean for both tax payers and their advisors;
  • Understand whether the UK tax system would benefit from a General Anti-Abuse Rule;
  • Know whether there is a growing elision between lawful avoidance and unlawful evasion in the proposed regime.
Complex Difficulty: 4 of 5
Legal Principles
Legislative Updates
Sources and References:
  • Aaronson QC, G. ‘General Anti-Avoidance Rule study – ‘Final Report’(11 november 2011);
  • Ramsay v IRC [1982] AC 300 (HL);
  • IRC v Duke of Westminster [1936] AC 1 (HL).

In the Budget of 2012, the Chancellor of the Exchequer announced the UK government would introduce legislation to implement a GAAR into UK tax law. The announcement follows a lengthily report by Graham Aaronson QC, a leading a respected tax barrister in November 2011. In this podcast tax Partner James Bullock of Pinsent Masons will guide us through the proposal and what it means for both taxpayers and their advisors before addressing the merits of a GAAR and its potential pitfalls.

Podcast added: 18/06/12

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