Add to ORKGThe general anti-avoidance rule (GAAR) in section 245 of the Income Tax Act is about drawing a line between legitimate tax minimization and abusive tax avoidance. However, the GAAR does not provide guidelines for determining whether a particular transaction is legitimate or abusive. In this article, the author argues that economic substance is a useful standard for drawing the line. It is not only called for by Parliament through the enactment of the GAAR, it is also justified on theoretical grounds, and is consistent with the textual, contextual, and purposive approach to statutory interpretation. Moreover, the author argues, economic substance is the best method for balancing conflicting policy concerns in Canadian income tax law. The Sup...
Section 245 was proposed as part of the tax reform package initiated by the government on 18 June,...
The paper uses a consequential perspective to explore the design features of a target-effective gene...
The general claim of this thesis is that the Canadian tax system should adopt a functional approach ...
The general anti-avoidance rule (GAAR) in section 245 of the Income Tax Act is about drawing a line ...
The “misuse or abuse” exception under subsection 245(4) of the Income Tax Act draws the line between...
From a tax policy perspective, tax avoidance creates serious problems by undermining the key objecti...
Since time immemorial, there has been a (continual) duel between the taxing authorities and taxpaye...
The article concentrates upon the issue of economic substance and its meaning for the ta Xsystem. In...
On October 19, 2005, the Supreme Court of Canada released the first decisions in which it considered...
This article analyzes the effect of tax law doctrines designed to reduce tax shelters, such as the b...
Rules targeting specific known schemes are not the only tools available in the battle against tax av...
In both Canada and Australia the relevant governments found their initial legislative attempts to co...
Predictable statutory interpretation helps ensure the reliable operation of contemporary systems of ...
Transactions that claim inappropriate tax benefits are a perennial problem. When the IRS claims a tr...
The provisions of GAAR are contained in sections 80A to 80L of the Income Tax Act 58 of 1962. The ma...
Section 245 was proposed as part of the tax reform package initiated by the government on 18 June,...
The paper uses a consequential perspective to explore the design features of a target-effective gene...
The general claim of this thesis is that the Canadian tax system should adopt a functional approach ...
The general anti-avoidance rule (GAAR) in section 245 of the Income Tax Act is about drawing a line ...
The “misuse or abuse” exception under subsection 245(4) of the Income Tax Act draws the line between...
From a tax policy perspective, tax avoidance creates serious problems by undermining the key objecti...
Since time immemorial, there has been a (continual) duel between the taxing authorities and taxpaye...
The article concentrates upon the issue of economic substance and its meaning for the ta Xsystem. In...
On October 19, 2005, the Supreme Court of Canada released the first decisions in which it considered...
This article analyzes the effect of tax law doctrines designed to reduce tax shelters, such as the b...
Rules targeting specific known schemes are not the only tools available in the battle against tax av...
In both Canada and Australia the relevant governments found their initial legislative attempts to co...
Predictable statutory interpretation helps ensure the reliable operation of contemporary systems of ...
Transactions that claim inappropriate tax benefits are a perennial problem. When the IRS claims a tr...
The provisions of GAAR are contained in sections 80A to 80L of the Income Tax Act 58 of 1962. The ma...
Section 245 was proposed as part of the tax reform package initiated by the government on 18 June,...
The paper uses a consequential perspective to explore the design features of a target-effective gene...
The general claim of this thesis is that the Canadian tax system should adopt a functional approach ...