Hallmarks of Abusive Transactions and the Role of Economic Substance: Comments on Modernizing and Strengthening the General Anti-Avoidance Rule Consultation Paper

25 Pages Posted: 9 Sep 2022

See all articles by Jinyan Li

Jinyan Li

York University - Osgoode Hall Law School

Date Written: August 24, 2022

Abstract

I support the initiative to revisit the GAAR for purposes of making it more effective. I find the Modernizing and Strengthening the General Anti-Avoidance Rule Consultation Paper (“GAAR Consultation Paper”)1 helpful in providing some background and context for diagnosing the issues and setting out some proposed solutions. I appreciate the opportunity to offer some comments on two specific questions raised in the Consultation Paper:

(a) How to clarify the object, spirit and purpose of provisions of the Act?

(b) What is the role of economic substance in strengthening the GAAR?

Suggested Citation

Li, Jinyan, Hallmarks of Abusive Transactions and the Role of Economic Substance: Comments on Modernizing and Strengthening the General Anti-Avoidance Rule Consultation Paper (August 24, 2022). Osgoode Legal Studies Research Paper No. 4213644, Available at SSRN: https://ssrn.com/abstract=4213644 or http://dx.doi.org/10.2139/ssrn.4213644

Jinyan Li (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
416-736-5025 (Phone)

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