Perspectives of harmonization of the general anti-avoidance rules (GAAR) in the BRICS states

Kurochkin D. A.

Based on a comparative legal analysis of the legislation and other sources of tax law of the BRICS countries, the article discusses the prospects for approximation of the tax systems of the BRICS countries by the example of the general anti-avoidance rules (GAAR). The author defines the features of legal regulation and application of GAAR in the BRICS countries. The author uses the formal-logical and comparative legal research methods, the historical method, a literal and systematic interpretation of the tax laws of the BRICS countries. Based on the results of the study, the author substantiates the need to study and approximate the GAAR of the BRICS countries in the context of their multilateral agreements and draws conclusions about the similarities and differences of legal structures and practice of application of GAAR in the BRICS countries. The novelty of the study is also the designation of some trends in the interaction of statutory GAAR and judicial (administrative) doctrines against tax avoidance as exemplified by the BRICS countries.

Keywords:tax avoidance, general anti-avoidance rule, tax benefit, business purpose doctrine, economic substance doctrine