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Is the anti-tax avoidance directive´s (ATAD´S) general anti-abuse rule (GAAR) in line with the ECJ case law?

datacite.subject.fosCiências Sociais::Direito
dc.contributor.advisorSilva, Bruno Farinha Aniceto da
dc.contributor.authorBarreto, Isabella Coelho Paes
dc.date.accessioned2020-01-24T15:58:05Z
dc.date.available2020-01-24T15:58:05Z
dc.date.issued2020-01-20
dc.date.submitted2018
dc.description.abstractA new general anti-abuse rule (GAAR) has been adopted as part of the Anti-Tax Avoidance Directive of 12 July 2016 (ATAD), and will likely have worldwide implications regarding the way companies operate and structure their businesses. This dissertation intends to expose and develop the relationship between this new GAARs’ treatment of abuse and the one forged by the European Court of Justice throughout the years. Throughout this endeavor several questions are raised about abuse, its prevention, the methods used and their efficiency. Thus, first this study sets out to highlight the difficulties of interpreting the concept of abuse of (tax) law, as well as the doctrine that was built around it throughout the years. Subsequently it exposes the role of abuse (and measures taken to prevent it) within the European Union legal order, as well as those based on the jurisprudence of the European Court of Justice – further detailing the onus regarding the burden of proof. Finally, part III establishes a recent trend towards mandatory GAAR codification by exposing the traditional approach taken up until this point, as well as a critical analysis of the scope, requirements and legal consequences related to the ATAD’s GAAR.pt_PT
dc.identifier.tid202375064pt_PT
dc.identifier.urihttp://hdl.handle.net/10400.14/29340
dc.language.isoengpt_PT
dc.subjectATAD'spt_PT
dc.subjectGAARpt_PT
dc.titleIs the anti-tax avoidance directive´s (ATAD´S) general anti-abuse rule (GAAR) in line with the ECJ case law?pt_PT
dc.typemaster thesis
dspace.entity.typePublication
rcaap.rightsopenAccesspt_PT
rcaap.typemasterThesispt_PT
thesis.degree.nameMestrado em Direitopt_PT

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