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Tax avoidance disclosures edge upwards ahead of GAAR consultation

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Seventy-seven disclosures of tax avoidance schemes were received by HMRC in the six months to 31 March 2012, according to provisional figures released on 1 May. There were 138 disclosures in the financial year to 31 March 2012, showing a slight increase on the previous year. 

 

Direct tax

VAT

Total disclosures

Year to 31 March 2010

177

12

189

Year to 31 March 2011

118

13

131

Year to 31 March 2012

131

7

138

The government is expected to consult next month on the introduction of a ‘general anti-abuse rule’ (GAAR), after it announced at Budget 2012 that it accepted the recommendations of Graham Aaronson’s finding that ‘a broad spectrum general anti-avoidance rule would not be beneficial for the UK tax system’.

Some tax professionals have warned that the proposed GAAR would increase uncertainty. Responding to the Budget 2012 announcement Patrick Stevens, Tax Partner at Ernst & Young, said the rule might ‘sweep in many ordinary tax planning decisions’. But campaigners argue that the rule would catch only the ‘worst’ avoidance schemes, and the Association of Revenue and Customs – representing senior HMRC officials – has said it could ‘widen perceptions of what is responsible tax planning and so make it harder to tackle avoidance’.

HMRC re-wrote its guidance on disclosure of tax avoidance schemes (DOTAS) regime earlier this year.

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