This is a response to the UK Government's consultation on the possible introduction of a General Anti-Abuse Rule in June 2012.
This report examines the European Commission's draft plans to introduce a Common Consolidated Corporate Tax Base (CCCTB) for EU group companies.
This presentation was delivered at a joint TLRC / OTS Conference on Tax Simplification, 6 April 2011.
Government efforts to tackle tax avoidance too often address the symptoms of that avoidance rather than its root causes, a discussion paper written for the Tax Law Review Committee of the Institute for Fiscal Studies argues today.
A Tax Law Review Committee discussion paper considering the ways in which tax avoidance has been tackled and could be tackled in the UK.
Stuart Adam and Glen Loutzenhiser
This paper surveys the potential benefits of integration and the potential obstacles.
A TLRC discussion paper published today reviews the current tax treatment of the family in the UK.
This Discussion Paper provides detailed consideration of selected existing corporate tax legislation concerning schedule A, the antiavoidance rules for companies and the rules for group relief set out in schedule 18 TA 1988.
The Tax Law Review Committee
Aligning tax and acounting profits: the need to review current legislation
Earlier this year the TLRC responded to the consultation by the Inland Revenue and HM Treasury on corporation tax reform including aligning the corporate tax system more closely with accounts.
The TLRC Committee has been considering the relationship between tax and accounting measures of business income. This paper builds on the earlier discussion paper DP2 issued in April 2002, which set out some of the general issues of principle involved in any such alignment. The government is clearly attracted to aligning the corporate tax system more closely with account, and significant legislative advances in this direction have already been achieved. As a general matter this is to be welcomed, for reasons which are examined in this paper. But an examination of the principles involved leads us to conclude that now is the time to reflect on where the limits to alignment might lie. It is with this question in mind that Graeme Macdonald and Martin have written this paper at the request of the Committee as a response to the August 2003 consultation document, Corporation Tax Reform.
This is a response by the Tax Law Review Committee of the Institute for Fiscal Studies to the invitation to comment on the questions raised in the consultation paper on civil partnerships.
In December 2001, the TLRC established a working party under the Chairmanship of Sir Alan Budd. The Working Party's terms of reference were Ӕo review the institutional processes for the Parliamentary scrutiny of tax proposals and for the enactment of tax legislation and to consider whether changes to those processes would promote simplification and improve the quality of tax legislation and, if so, what the nature of those institutional changes should be.Ԡ This Reports sets out the working party's conclusions.
In this report, the Committee has been considering the relationship between tax and accounting measures of business income. Increasingly, the courts have been prepared to accept the use of accounting standards without an overlay of specific tax rules. Year by year more legislation draws upon accounting principles and practices to define the business tax base. Where could might or should this growing relationship between tax and accounting lead? The recent developments raise fundamental questions about the appropriateness of linking the business tax system to an evolving accounting process. For example, are current accounting principles and practices consistent with the requirements of the tax system? Does the current direction of accounting evolution support the closer alignment of tax and accounting measures of business income? Will closer alignment inhibit agreement on accounting standards that would otherwise improve financial reporting?
In this report, the Committee considers the issue of tax equity between the employed and self-employed. This complex topic raises many questions, one of which relates to the way in which the tax system classifies workers. Do changing work patterns indicate the need for a new approach to classification for tax purposes? Is the case law that currently governs the area sufficiently robust and clear, especially in the light of the new burden placed upon it by the so-called IR35 legislation on personal service companies? What is the relation between classification of workers for taxation and their classification in other areas of law, particularly employment law? These are some of the issues addressed in this paper.
In this report, the Committee presents its recommendations for the creation of a unified tax tribunals system to cover all taxes. It does so against the background of the comments that it received on its first Report, which are extensively summarised in the Appendix. The Committee urges the Lord Chancellor's Department to act upon its recommendations and implement the proposed new tribunal system by 2002.
In this report the Tax Law Review Committee responds to the Inland Revenue's proposals. It concludes that the proposals fail to secure the objectives of the Committee's previous Report. Furthermore, the proposed rule places no significant burden on the Revenue to justify its use, fails to secure a proper balance of interests between Revenue and taxpayers and would be intrusive on ordinary commercial and private transactions.
This report addresses whether current UK methods of dealing with avoidance are adequate and satisfactory and what, if any, other measures might be taken. Should current judicial anti-avoidance doctrines be allowed to develop or should Parliament take the initiative with a general anti-avoidance rule?
Judith Freedman and Emma Chamberlain
The schedular system of income tax in the UK frequently comes under attack, not least in relation to the distinctions it draws between the tax treatment of the employed and the self-employed.
In this report the Tax Law Review Committee advocates a number of proposals for the thorough overhaul of the tax appeals system. The UK does not have a single system of tax appeals but a number of systems, the details of which differ according to the tax and there is a maze of provisions that can baffle taxpayers and practitioners alike which can affect access to the system and the cost of tax appeals.
Recommendations for the way Parliament handles Tax Simplification Bills are made in this report by a working party of the Tax Law Review Committee.
The main conclusions of this report are that tax legislation should be written in plain English, that the Government should publish explanatory memoranda with all Finance Bills, that the project already announced by the Government, to rewrite existing tax legislation in plain English should go ahead as long as it produces worthwhile improvements in understanding, and that in the longer term, primary tax legislation should be drafted in terms of general principles.
John Avery Jones CBE
This is the year of simplification of tax legislation and I should like to add my thoughts to the debate.
This note looks at the work the Tax Law Review Committee (TLRC) has done since its inauguration in October 1994.
This report of the 1993 IFS Residential Conference considers the administrative issues that face the tax system in the 1990s. Speakers dealt with the implications of the move to self-assessment, the adoption of a rulings procedure, tax appeals and general anti-avoidance rules. International aspects of tax administration and compliance were also considered.
There has been much debate about legislative complexity and many people believe the situation is now so bad that something must be done - we cannot go on as we are. This report examines the scope for purposive legislation and clearer language and asks whether we need to rewrite our tax laws from scratch.
Budgetary reform: the impact of a December Budget on the Finance Bill and the development of tax legislation
This paper considers the Government's proposals for reforming the budgetary process from the perspective of its impact on the Finance Bill and the development of tax legislation.
The need to raise taxes is central to the organisation of any civilised state.
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