The general anti-avoidance rule

Mary Cowx, Jon N. Kerr

Research output: Contribution to journalArticlepeer-review

1 Scopus citations

Abstract

The general anti-avoidance rule, or GAAR, is an enforcement mechanism that gives a country's taxing authority broad power to deny a taxpayer tax benefits associated with any transaction. Although GAARs are becoming increasingly common, the presence of a GAAR is generally overlooked by researchers and thus has been left unstudied. In this paper, we provide an initial investigation by studying the effect of GAARs on firm-level corporate tax avoidance behaviors. Using an indicator for the enactment or strengthening of a GAAR within a country in a stacked difference-in-differences design, we find GAAR enactment is associated with a statistically and economically significant decrease in firm-level tax avoidance. Additional cross-sectional analyses show that the decline in tax avoidance occurs for conventional GAARs and economic substance-type rules, original and strengthened GAARs, and domestic and multinational firms. Results also show that the effect is strongest for firms with higher levels of pre-GAAR-enactment tax avoidance and for firms incorporated in countries where the burden of proof lies with the taxpayer.

Original languageEnglish (US)
Pages (from-to)1851-1892
Number of pages42
JournalContemporary Accounting Research
Volume41
Issue number3
DOIs
StatePublished - Sep 1 2024
Externally publishedYes

Keywords

  • burden of proof
  • general anti-avoidance rule
  • international
  • tax avoidance
  • tax enforcement
  • taxation

ASJC Scopus subject areas

  • Accounting
  • Finance
  • Economics and Econometrics

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