UK tax law is specifically targeted rather than purposive: in tackling the exploitation of loopholes in the law, governments have legislated against individual avoidance schemes as and when these have come to light. This note looks at the case that has been made recently for a general anti-avoidance rule, and the Coalition Government's introduction of a 'narrower' General Anti-Abuse Rule in 2013.Jump to full report >>
UK tax law is specifically targeted rather than purposive: in tackling the exploitation of loopholes in the law, governments have legislated against individual avoidance schemes as and when these have come to light. Often the response to this legislation has been the creation of new schemes to circumvent the law, which in turn has seen further legislative action – an ‘arms race’ between the revenue authorities and Parliamentary counsel on one side, and on the other, taxpayers aided and abetted by the legal profession.
Over the past twenty years many commentators have suggested having legislation to counter tax avoidance in general: by providing certainty for both sides as to the tax consequences of any transaction, a ‘General Anti-Avoidance Rule’ might dissuade the most egregious efforts to avoid tax, encourage taxpayers and legal counsel to redirect their energies to more productive activities and allow the authorities to simplify the law without fear of it being systematically undermined.
In its first Budget in June 2010 the Coalition Government announced it would consult on this issue, and in December a study group, led by Graham Aaronson QC, was established to explore the case for introducing an anti-avoidance rule. Mr Aaronson completed his report in November 2011, in which he recommended a narrowly focused rule targeted at ‘abusive arrangements’ only. In June 2012 the Government launched a consultation exercise with a view to introducing a General Anti-Abuse Rule (GAAR) in 2013, confirming its plans in December 2012. Provisions in the Finance Bill 2013 for the new GAAR were agreed, without changes, and the new rule came into force on 17 July 2013. In July 2017 HM Revenue & Customs made an appeal to the independent GAAR Advisory Panel on the application of the GAAR to a specific avoidance scheme for the first time – an appeal that was successful. Since then all cases referred to the GAAR Advisory Panel to date have resulted in a Panel opinion in HMRC’s favour.
This note looks at the introduction of the new GAAR, while a second note looks at earlier debates over the case for a GAAR over the last twenty years.
 HMRC, A General Anti-Abuse Rule (GAAR) - consultation document, June 2012
 HMRC, GAAR Advisory Panel opinion: employee rewards using gold bullion, 7 August 2017
 PQ138560, 1 May 2018. Following this PQ, in June 2018 the Panel issued another opinion in HMRC’s favour (GAAR Advisory Panel opinion of 25 June 2018, 18 July 2018).
 Tax avoidance: a General Anti-Avoidance Rule – background history (1990-2010), CBP2956, 13 April 2017
Commons Briefing papers SN06265
Author: Antony Seely