Oracle NetSuite HR Optimizer Invitation

Domestic and International Anti Abuse Rules

12/19/2022
 Oracle NetSuite HR Optimizer Invitation

Anti-abuse rules aim to combat the abuse of tax laws and treaties in order to prevent taxpayers from obtaining a tax position otherwise inconsistent with the intent of the law or treaty. In this regard, domestic tax laws often include a General Anti Abuse Rule (“GAAR”), while BEPS Action 6 outlines the anti abuse measures in relation to tax treaties. On this note, Federal Decree-Law No. 47 of 2022 (“UAE CT Law”) includes a GAAR provision in Article 50.

Particular

GAAR - Article 50 of the UAE CT Law

BEPS Action Plan 6 - Prevention of Tax Treaty Abuse  

Why?

·        To prevent the taxpayers from obtaining unfair tax advantages

·        To prevent the granting of treaty benefits in inappropriate circumstances

When?

·        Absence of valid commercial substance

·        Absence of non fiscal reasons reflecting economic reality 

·        Main purpose to obtain a Corporate Tax advantage that is not consistent with the intention or purpose of this Decree-Law

·        Treaty shopping

·        Double non-taxation

·        Main purpose to indirectly access the benefits of a tax treaty between two jurisdictions without being a resident of one of those jurisdictions

What is the impact?

 

·        Authority will assess the GAAR applicability on any transaction or arrangement of the taxpayer

·        Tax authorities can make adjustments to the tax liability for any unfair tax advantage obtained

·        Taxpayers engaged in treaty abuse strategies undermine tax sovereignty by claiming treaty benefits in situations where these benefits were not intended to be granted

·        Tax authorities can apply the Principal Purpose Test (“PPT”) or the Limitation of Benefit (“LoB”)

 

Impacted Areas:

The below mentioned arrangements can attract the attention of Authorities.  

·        Business modelling

·        Business restructuring

·        Financing arrangements

·        Related party transactions 

·        International transactions

·        Sham transactions

·        Unlawful accounting adjustments

How can Crowe help?

•      Identify gaps between the existing arrangements and advise of the remedial measures to ensure compliance with the law.

•      Advising on the documentation to be maintained to support any future inquiries from the authorities.

•      Advising on any business restructuring or arrangements from the GAAR perspective.

Contact Us

Alessandro Valente
Alessandro Valente
Partner - International Tax & Transfer Pricing