Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

Intervention from the EU

30 April 2013 / Elizabeth Fothergill , Mike Walker
Issue: 4400 / Categories: Comment & Analysis , Avoidance

Proposed changes for anti-avoidance rules relating to offshore structure


  • Disproportionate legislation.
  • New motive test for TCGA 1992 s 13 gains.
  • Exemption for some transfers of assets abroad.
  • More uncertainty for taxpayers.

Advisers of clients who have or benefit from an offshore structure should be aware of changes being made to key parts of the UK anti-avoidance tax legislation affecting non-UK structures.

In this article we will outline the relevant provisions and consider the changes. Legislation will be contained in FA 2013 which is expected to receive royal assent in July though it will in the main be effective retrospectively from 6 April 2012.

European trigger

The trigger for the changes was two notices issued in 2011 by the European Commission. These required the UK government to review two areas of its anti-avoidance tax legislation:

  • ...

If you or your firm subscribes to, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.

Please reach out to customer services at +44 (0) 330 161 1234 or '' for further assistance.

back to top icon