| 释义 |
tax advantage
In many specifically directed anti-avoidance provisions, notably transactions in securities (Corporation Tax Act 2010 s 731–751), and in the General Anti-Abuse Rule (Finance Act 2013 s 209), the ability of the Revenue to impose an additional tax charge requires a “tax advantage” to be identified. A tax advantage is defined in statute as either: (a) a relief or increased relief from, or a repayment or increased repayment, of tax; or (b) the avoidance or reduction of an assessment to tax, whether effected by receipts accruing in such a way that the recipient does not pay or bear tax on them or by a deduction in computing profits or gains. This definition has been given a wide meaning by the courts (Cleary v IRC [1967] UKHL TC 41; Emery v IRC [1980] TR 447). In Bird v IRC [1988] 2 All ER 670 (HL) Lord Keith held that the quantum of the tax advantage is to be calculated by contrasting the non-taxable receipt with a similar receipt that had accrued in a taxable manner (at 317). |