The UK GAAR: Missed Opportunity? Cross-Border Transactions Review

This thesis investigates the effectiveness of the UK's General Anti-Abuse Rule (GAAR) in combating tax avoidance, particularly in cross-border transactions. It begins by exploring the theoretical underpinnings of GAARs, contrasting the concepts of tax abuse and avoidance, and examining key legal doctrines like the Duke of Westminster and Ramsay principles. The research then delves into UK tax law, statutory interpretation, and the specific provisions of the UK GAAR, evaluating its fitness for purpose. A comparative analysis follows, examining GAARs in Australia and Canada, and assessing their approaches to transnational transactions. Through case studies, the thesis analyzes the effectiveness of these rules in addressing international tax avoidance schemes. The central argument posits that the UK GAAR may be a missed opportunity, and it concludes with recommendations on how to strengthen the UK GAAR to better address regime shopping and ensure effective policing of cross-border transactions.