The holy grail : the search for the optimal gaar

Cassidy, Julie 2009, The holy grail : the search for the optimal gaar, South African law journal, vol. 126, no. 4, pp. 740-779.

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Title The holy grail : the search for the optimal gaar
Author(s) Cassidy, Julie
Journal name South African law journal
Volume number 126
Issue number 4
Start page 740
End page 779
Total pages 39
Publisher Juta & Company Ltd
Place of publication South Africa
Publication date 2009
ISSN 0258-2503
Summary The sustainability of a taxation system relies in part in reducing effective tax avoidance as far as is possible. Tax avoidance impacts on the economy both because it results in revenue loss and because it diverts people into devising, marketing and implementing avoidance arrangements, rather than engaging in economically productive activities. Revenue losses in turn weaken the government's ability to formulate and implement fiscal policies. Moreover, the very integrity of a tax system, necessary for its long-term sustainability, is attacked by tax avoidance. The goal of equity is undermined by tax avoidance as typically these schemes are accessed by the wealthy. Thus, tax avoidance results in an unfair shift in the tax burden to the less wealthy in society. As one commentator recently noted, combating 'tax avoidance ... will serve to lessen the overall burden on all taxpayers'. Further, legislative responses to tax avoidance increase the complexity of a taxation scheme. Tax avoidance schemes also undermine the neutrality of a taxation system by distorting trade and investment decisions. Thus, tax avoidance attacks every aspect of a fair, and hence, sustainable, taxation system.
Language eng
Field of Research 180125 Taxation Law
Socio Economic Objective 910110 Taxation
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
HERDC collection year 2009
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Document type: Journal Article
Collections: Faculty of Business and Law
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