The UK GAAR: An International Comparative Review of Anti-Avoidance

This thesis examines the UK's General Anti-Avoidance Rule (GAAR) and its effectiveness in preventing tax avoidance, particularly in transnational transactions. It addresses the problem of the UK GAAR's focus on 'abuse' rather than 'avoidance,' questioning whether this limitation allows companies to exploit regime shopping. The research compares the UK GAAR with those of Australia, Canada, and the USA, analyzing relevant case law, including the Duke of Westminster Doctrine and the Ramsay Doctrine, to understand how other common law jurisdictions have implemented anti-avoidance rules more effectively. The thesis explores the interpretation of tax statutes and the potential for a more purposive approach, referencing the Arrowtown case and the impact of BEPS (Base Erosion and Profit Shifting) strategies. Ultimately, it aims to determine whether the UK GAAR represents a missed opportunity and how it could be strengthened to prevent tax avoidance in cross-border transactions.