Specific Anti-Avoidance Rules

Throughout the taxing statutes there are many provisions which are each intended to deny the benefit of a loss, relief, exemption, etc which may otherwise arise when a particular type of transaction or series of transactions are undertaken. These provisions typically apply to a more limited or specific set of circumstances than those to which the General Anti-Avoidance Rule applies to.

Schedule 33 of the Taxes Consolidation Act 1997 classified a number of these as specific anti-avoidance provisions (SAARs). The classification of these provisions as SAARs does not have any impact on how they apply to taxpayers. However, as outlined in the Code of Practice for Revenue Audits and other Compliance Interventions, where a person seeks to obtain the benefit of any tax advantage which is withdrawn by one of these provisions then a tax avoidance surcharge of up to 30% can apply.

January 2016

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