Commentary

A7.417 GAAR Advisory Panel opinions

Administration and compliance

A7.417 GAAR Advisory Panel opinions

A7.417 GAAR Advisory Panel opinions

The GAAR advisory panel is an independent committee, appointed by HMRC Commissioners1. It was established to review and approve HMRC's guidance on the GAAR and to provide opinions on individual cases referred to it, where HMRC considers that the GAAR may apply. HMRC is not represented on the panel.

Providing opinions on the reasonableness of tax arrangements is a key role of the GAAR panel because a court or tribunal must, in determining a matter under the GAAR, take into account the panel's opinion(s), whether the opinion(s) have been given in respect of the referral of a specific set of tax arrangements under FA 2013, Sch 43, para 11 or in respect of a generic referral under FA 2013, Sch 43B, para 6.

The penalty regime which targets enablers of defeated avoidance schemes (see A4.573A) is subject to external scrutiny by the GAAR Advisory Panel. HMRC has issued guidance on how it uses the panel's opinion.

The GAAR Advisory Panel publishes its opinions in redacted and anonymised form. The opinions are available in full on GOV.UK. The table below provides a brief summary with links to the full Panel opinion.

GAAR Advisory Panel opinion:Brief summary
18 July 2017: employee rewards using gold bullionIn the first case it had considered, the GAAR Advisory Panel gave its opinion that entering into a scheme to reward key employees using a purchase and sale of gold bullion, with a future obligation to repay sums to an employee benefit

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