The Resource Barclays and Canada Trustco : further comment from a UK perspective

Barclays and Canada Trustco : further comment from a UK perspective

Label
Barclays and Canada Trustco : further comment from a UK perspective
Title
Barclays and Canada Trustco : further comment from a UK perspective
Creator
Subject
Language
eng
Summary
The judicial function in tax cases is to construe tax legislation and give effect to the parliamentary purpose that emerges from the statutory language. A statutory general anti-avoidance rule (GAAR) may affect the process of judicial reasoning by creating a framework within which that reasoning is conducted. Ultimately, however, the outcome of that reasoning, whether conducted under a statutory GAAR or as part of judicially developed interpretive techniques, will depend upon the clarity of the legislative purpose. If the legislation does not have a sound policy foundation, it is unlikely to provide the necessary clarity to resolve whether particular conduct should be characterized as abusive tax avoidance (and therefore rendered tax-ineffective). A statutory GAAR cannot supply a policy foundation for tax legislation where none can be discerned under the basic tax legislation
Citation source
In: Canadian tax journal = Revue fiscale canadienne. - Toronto. - Vol. 53 (2005),
http://library.link/vocab/creatorName
Gammie, M
Language note
English
http://library.link/vocab/subjectName
  • tax avoidance
  • GAAR
  • leasing
  • case law
Label
Barclays and Canada Trustco : further comment from a UK perspective
Instantiates
Publication
Label
Barclays and Canada Trustco : further comment from a UK perspective
Publication

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      52.3736660 4.9336932
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