General Anti-Avoidance Rules and Double Tax Agreements: A New Zealand Perspective
John Prebble QC
Victoria University of Wellington - Faculty of Law; Institut für Österreichisches und Internationales Steuerrecht, Wirtschaftsuniversität Wien; University of Notre Dame Australia - School of Law
University of Auckland - Faculty of Law
November 19, 2009
Revenue Law Journal, Vol. 19, No. 1, Article 4, 2009
This article looks at the effectiveness, in the New Zealand context, of the application of a general anti-avoidance rule (GAAR) when the impugned transaction or arrangement is cross-border. The important issue is how the provisions of a double tax agreement have application to the transaction or arrangement when the GAAR is invoked by the revenue authorities.
In many countries, tax treaties prevail over domestic tax laws in the event of a conflict. Some countries provide expressly that their GAAR will apply to their treaties.The question is whether this is true for New Zealand, and whether there is anything peculiar in the New Zealand statutory scheme that gives guidance on whether tax treaties preclude or limit the application of the GAAR.
Number of Pages in PDF File: 16
Keywords: general anti-avoidance, double tax agreements, cross border transactions
JEL Classification: K33, K34
Date posted: November 22, 2009 ; Last revised: July 11, 2011