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The following decision table explains when the anti-avoidance rule applies.
In addition, there are more unusual forms of finance covered by the anti-avoidance rule.
Changes to anti-avoidance rules on loan relationships and derivative contracts.
Consultation on the anti-avoidance rules that will replace the substantial donors to charities rules.
You are affected by the anti-avoidance rule if your subcontractors are affected by it.
If the anti-avoidance rule applies, you will have to account for VAT no later than when you complete your work.
This brief explains minor changes to the option to tax for land and buildings (anti-avoidance rule), and in particular the treatment of occupation by grantors.
The UK taxation anti-avoidance rules prevent tax advantages being given to such settlor interested trusts.
However, since anti-avoidance rules have been introduced for taxation of trusts, these structures are not advantageous for someone who will remain resident.
There has never been a general anti-avoidance rule ("GAAR") for corporation tax.
And we are looking hard at the case for a General Anti-avoidance rule to ensure that large companies and wealthy individuals pay their fair share of tax.
There is no basic tax point when the work is completed unless the contract is covered by the special anti-avoidance rules that can apply in some cases.
The special anti-avoidance rule counters the VAT effect of contracts where payment does not become due for many years after the completion of the work.
The basic rule for calculating Case III profits is to follow the accounts, although there are detailed anti-avoidance rules to stop the most obvious abuses.
All these anti-avoidance rules are, however, subject to the very large exception that creditors remain able to jump up the priority queue, through the creation of a security interest.
The anti-avoidance rule has to be drafted this way because otherwise there would be an easy way round it for deliberate VAT avoiders.
However, it inherited an anti-avoidance rule from income tax relating to transactions in securities, and since then has had various "mini-GAARs" added to it.
For the purpose of the anti-avoidance rules, a company is not treated as 'connected' to another company as a result of both being under the control of:
To prevent the NICs holiday being exploited there are anti-avoidance rules which will apply where a person starts a new business as the result of avoidance arrangements.
You are not affected by this anti-avoidance rule if the people who will be occupying the building or civil engineering work will be doing so 'wholly or mainly for eligible purposes'.
If, for example, a bank gives a loan to your subcontractor specifically to do work on one of their banks, your subcontractor would be affected by the anti-avoidance rule, and so would you.
If you make a supply under a contract providing for periodic payments, the tax point is the date you receive payment or, where the special anti-avoidance rules described in section 23 apply, the date you complete the work.
The Treasury had received a report, he disclosed, showing a general anti-avoidance rule was feasible, adding: "I am not going to write George Osborne's budget, but I very much hope we can make progress on that in the budget."
Summary of Responses: Changes to the capital allowances anti-avoidance rules (Acrobat PDF, 72KB) Please be aware that our PDF, Word, Excel and Powerpoint documents will open in a new window.
If the private company is connected with the construction contractor (or a subcontractor) or provides finance to the contractor (or subcontractor), either itself or through an associated business, then the construction contract may be caught by the special anti-avoidance rule.