GAAR - Trinidad & Tobago - Iatj.net

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Wide scope of the anti‐avoidance provision • 2. The prime reason for remittances being sent to the Bahamas company was to reduce tax in <strong>Trinidad</strong> and <strong>Tobago</strong>. The court took account of the fact that the remittances were being sent to a tax haven where no income tax was payable and thus it was not normal to expect that large sums would remain idle in a current account and not earn interest but could be expected to be invested on short term deposits or savings account and moreover the target company for the remittances was an associated company under common control 3rd IATJ Assembly Munich 18‐19 October 2012 44
Wide scope of anti‐avoidance provisions • 3. The Revenue was therefore held to be justified in imputing to the taxpayer notional income in the form of interest on the balances held in the Bahamas for its benefit • Comment: might be going too far beyond nulllifying the arrangements to actually impute income to the taxpayer. 3rd IATJ Assembly Munich 18‐19 October 2012 45
Page 1 and 2: ANTHONY DJ GAFOOR TRINIDAD & TOBAGO
Page 3 and 4: Topical nature of Anti‐Avoidance
Page 5 and 6: Distinguishing Tax Evasion, Avoidan
Page 7 and 8: Royal Commission on the Taxation of
Page 9 and 10: Review of Anti‐Avoidance principl
Page 11 and 12: Review of Anti‐Avoidance principl
Page 13 and 14: Common Law jurisdictions • Have i
Page 15 and 16: International tax evasion and avoid
Page 17 and 18: Hybrid developments • These may b
Page 19 and 20: Tax Treaties • Bilateral tax trea
Page 21 and 22: • However, for many developing co
Page 23 and 24: 3rd IATJ Assembly Munich 18‐19 Oc
Page 25 and 26: Revised Treaty of Chaguaramas • T
Page 27 and 28: Revised Treaty of Chaguaramas • I
Page 31 and 32: Treatment of anti‐avoidance in th
Page 33 and 34: Leading anti‐avoidance cases in t
Page 35 and 36: Jamaica and Barbados • These are
Page 37 and 38: GAAR in the Caribbean • Typically
Page 39 and 40: Artificial transactions • Artific
Page 43: Wide scope of the anti‐avoidance
Page 47 and 48: St. Lucia • It was argued by the
Page 49 and 50: Jamaica • The leading case from t
Page 51 and 52: Jamaica • The Privy Council held
Page 53 and 54: Consequences of invoking the genera
Page 55 and 56: Specific Anti‐Avoidance Provision
Page 57 and 58: (3) Where a person transfers proper
Page 61 and 62: Background • In 1980s‐1990s, a
Page 63 and 64: Arguments • The rhetorical contes
Page 65 and 66: Lessons to be learnt • The need f
Page 67 and 68: Closing thoughts • Adam Smith oft

GAAR - Trinidad & Tobago - Iatj.net

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