Written Question · S5W-14582 · Session 5
How many times Revenue Scotland has taken action under the general anti-avoidance rule that was established by the Revenue Scotland and Tax…
The question
To ask the Scottish Government how many times Revenue
Scotland has taken action under the general anti-avoidance rule that
was established by the Revenue Scotland and Tax Powers Act 2014; how many
schemes have been challenged (a) successfully and (b) unsuccessfully, and what
their total value was.
The answer
This is an operational matter for Revenue Scotland and I have therefore asked the Chief Executive to respond directly to the member.
The Scottish Government’s approach to the devolved taxes demonstrates that we are serious about tackling tax avoidance in Scotland. Revenue Scotland has a statutory duty to protect revenue against tax fraud and tax avoidance and does this through robust compliance activity, including the application of the General Anti-Avoidance Rule. The GAAR is a specific compliance tool which can be deployed in specific circumstances but also operates as a deterrent against tax fraud and tax avoidance. It is recognised by stakeholders as being significantly wider than the UK General Anti-Avoidance Rule, which is based on the narrower test of ‘abuse’ rather than ‘artificiality’ of tax arrangements.
The Scottish Government’s approach to the devolved taxes demonstrates that we are serious about tackling tax avoidance in Scotland. Revenue Scotland has a statutory duty to protect revenue against tax fraud and tax avoidance and does this through robust compliance activity, including the application of the General Anti-Avoidance Rule. The GAAR is a specific compliance tool which can be deployed in specific circumstances but also operates as a deterrent against tax fraud and tax avoidance. It is recognised by stakeholders as being significantly wider than the UK General Anti-Avoidance Rule, which is based on the narrower test of ‘abuse’ rather than ‘artificiality’ of tax arrangements.
In the Official Report
No contribution in the Official Report cites S5W-14582 by reference.