Source: Australian Tax Forum Journal Article
Published Date: 1 Dec 2017
In much larger, developed economies than Australia, those of the United States of America and the United Kingdom, tax avoidance is or has been addressed not by progressively more intricate general anti-avoidance rules (GAAR) but rather by judicially developed notions of fiscal nullity and fiscal sham. This article considers whether the quest for certainty of application via a GAAR is an illusion and whether, in conjunction with our traditional understanding of sham an adoption of these judicially developed notions and their application as a case by case basis might be just as, if not more effective, then a GAAR in dealing with tax avoidance.
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