In Depth discussion on General Anti Avoidance Rules (GAAR)


Dr. Mehta has extensive work experience on various matters and issues involving the General Anti Avoidance Rules (GAAR). Dr. Mehta has written several in-depth articles on the GAAR, including the following:

  • GAAR: A spotlight on the trigger events for application of statutory GAAR. Link
  • Can GAAR apply in treaty shopping cases? Can taxpayers invoke the Canadian court's landmark decision to defend against the PPT clause in post-BEPS era? Link
  • Canadian Landmark Decision: Application of GAAR denied in a tax treaty situation. Link
  • Legal systems: Impact on tax-driven transaction structures. Link
  • Could GAAR apply if post-tax income from a foreign investment was higher than (hypothetical) post-tax income from domestic investment? Link
  • The Canadian Supreme Court's landmark decision on principles for interpretation of statutory GAAR and abusive avoidance transactions. Link
  • The New Zealand Supreme Court's landmark decision: non applicability of SAAR did not preclude applicability of GAAR in a restructuring transaction. Link
  • A landmark case of the Canadian Supreme Court on 'series of transactions'. Link
  • The Canadian Supreme Court's landmark GAAR case on interpretation principles, tax benefit, and burden of proof. Link
  • An interesting Australian GAAR decision on 'arrangement' and 'tax benefit'. Link
  • Should the main purpose be determined subjectively or objectively? Link
  • The General Anti Avoidance Rules (GAAR) from the global perspective. Link
  • An interesting South African judicial precedent on sale of shares, dividend stripping, and applicability of GAAR. Link
  • Could conversion of a partnership firm into a company trigger GAAR? Link
  • The timing issue: the 'main purpose' behind an 'avoidance scheme' must be ascertained when the scheme was formulated, or when it was implemented? Link
  • An interesting GAAR decision from New Zealand on 'permissible tax advantage'. Link