General Anti-Avoidance Rule and Principal Purpose Test – New Era of Anti-Abuse Law

General anti-avoidance rule (GAAR) provisions and the principal purpose test (PPT) rule have become operational in most jurisdictions. The criteria for their application may differ across jurisdictions. A taxpayer’s obligations under each rule vary, making them vulnerable to one obligation though they manage to comply with the other, as both rules can be applied concurrently in a particular case. Can a taxpayer, having passed the litmus test of one rule, justifiably claim immunity from the other? This article provides insights into the intricacies of interpretating both rules and explores some unanswered issues. As both rules usher in a new era of anti-abuse law, their interplay is examined in a limited manner from the Indian perspective. Ultimately, the commercial substance of the transaction or arrangement, if properly documented and presented, remains the strongest safeguard for the taxpayer.

Authors

Publication Details

Journal
Asia-Pacific tax bulletin
Published
2025-09-29
DOI
https://doi.org/10.59403/3skmm91
Primary Topic
Discrimination and Equality Law
Type
article
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article

General Anti-Avoidance Rule and Principal Purpose Test – New Era of Anti-Abuse Law

Priyanka Prasad
Asia-Pacific tax bulletin
Discrimination and Equality Law
article

General Anti-Avoidance Rule and Principal Purpose Test – New Era of Anti-Abuse Law

Priyanka Prasad
article en

Abstract

General anti-avoidance rule (GAAR) provisions and the principal purpose test (PPT) rule have become operational in most jurisdictions. The criteria for their application may differ across jurisdictions. A taxpayer’s obligations under each rule vary, making them vulnerable to one obligation though they manage to comply with the other, as both rules can be applied concurrently in a particular case. Can a taxpayer, having passed the litmus test of one rule, justifiably claim immunity from the other? This article provides insights into the intricacies of interpretating both rules and explores some unanswered issues. As both rules usher in a new era of anti-abuse law, their interplay is examined in a limited manner from the Indian perspective. Ultimately, the commercial substance of the transaction or arrangement, if properly documented and presented, remains the strongest safeguard for the taxpayer.

Asia-Pacific tax bulletinVol. 31(2)
Openalex Percentile: Top 59%
Discrimination and Equality Law
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