Monday, April 5, 2010
John Tiley (Queens College, University of Cambridge) delivers the Norman A. Sugarman Tax Scholar in Residence Lecture today at Case Western on Tax Avoidance: The Never Ending Search for Resolving Clashing Principles:
- What is the definition of avoidance?
- Would principles based drafting help our tax legislation?
- It is possible to arrange your affairs to avoid paying the maximum tax, but you may not abuse the purpose of tax statutes
- Although the United Kingdom does not have a General Anti-Avoidance Rule (GAAR), there is avoidance legislation (the Institute of Fiscal Studies (IFS) Tax Law Review Committee has just published a review of UK avoidance legislation since 2000)
- There is also avoidance in situations other than taxation, for example in "hire purchase" (rent to own) situations or in a particular property law case where a landowner built a path to go around a toll gate in order to avoid paying the toll.