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VAT option to tax anti-avoidance: time for a rethink?

Michael Brady and Shraddha Rajdev (KPMG) argue that the option to tax anti-avoidance rules catch innocent transactions and yet don’t always catch avoidance. Is it time for a rethink?
 
The option to tax disapplication provisions are intended to address abuse but due to the wording of the legislation they can in many cases apply to ordinary commercial transactions. The current wording of the legislation means that the rules need to be considered mechanically on bona fide transactions where there is no intention to seek a tax advantage. This can lead to outcomes which penalise the taxpayer.
 

History and current legislation 

 
When the option to tax was introduced...

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