ANTI-AVOIDANCE

Arabella Murphy (Maurice Turnor Gardner) considers the judgment in Bainbridge, where an application to rescind mistaken transfers of farmland to a trust was complicated by the fact that some of the land had been sold.

Kelly Stricklin-Coutinho

Kelly Stricklin-Coutinho (39 Essex Chambers) reviews a recent European Commission Communication which includes guidance on its application of the notion of state aid to tax.

Shraddha Rajdev

Michael Brady

Michael Brady and Shraddha Rajdev (KPMG) argue that the option to tax anti-avoidance rules catch innocent transactions and yet don’t always catch avoidance. Is it time for a rethink?

Michael Avient

Taxpayers should think about the consequences before agreeing to HMRC’s latest initiative to further influence taxpayer behaviour, writes Michael Avient (UHY Hacker Young).

David Gauke

Financial Secretary to the Treasury, David Gauke, answers questions on tax competitiveness and tackling avoidance.

Michael McGowan Andrew Thomson Emma Hardwick

Michael McGowan, Andrew Thomson and Emma Hardwick (Sullivan & Cromwell) review Action 6 of the BEPS report.

Jolyon Maugham

The decision in Lloyds Bank Leasing illustrates an inherent problem with TAARs which employ purpose-based tests to restrict the availability of tax expenditure reliefs: since the point of tax reliefs is to alter taxpayer behaviour, why then should taxpayers be denied relief for responding accordingly?

William Watson

William Watson (Slaughter and May) considers whether the forthcoming regime TAAR for loan relationships will be less problematic than what currently exists.