Sham transactions and tax avoidance

    Research output: Chapter in Book/Report/Conference proceedingChapter


    The word “sham” is used in a popular sense to describe purported tax abuses, especially in the context of tax haven activity of wealthy individuals and multinational corporations. In many countries, the courts have developed a judicial doctrine of sham that may overturn fake or disguised transactions that avoid tax. In this chapter, Miranda Stewart explains the origin and development of the judicial doctrine of sham and its application to tax avoidance schemes in a variety of jurisdictions. The chapter explores the relationship between the judicial doctrine of sham and statutory general anti-avoidance rules that are becoming increasingly widespread. Finally, the chapter considers the usefulness of the judicial doctrine of sham for countering tax avoidance schemes in future.
    Original languageEnglish
    Title of host publicationThe Routledge Companion to Tax Avoidance Research
    Editors Nigar Hashimzade & Yuliya Epifantseva
    Place of PublicationUnited States of America, New York
    PublisherRoutledge Taylor & Francis Group
    ISBN (Print)9781315673745
    Publication statusPublished - 2017


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