Glossary of GAAR Terms

(Here is a list of terms that can be used when discussing the GAAR)

GAAR (gahr) v. to apply the GAAR. abbr. 1. general anti-avoidance rule. 2. general anti-abuse rule. 3. that which will mess up a good tax plan. Not to be confused with GAAR from Star Wars…..In Star Wars, Gaar was a Trandoshan male who lived in the Cularin system during the waning years of the Galactic Republic.  Gaar worked as a barman in the Tolea Biqua franchise of Vanster Enan’s Sop House. He was present there during the SoroSuub Anniversary celebration in 31 BBY.  By the time of the Clone Wars, Gaar had became a member of the Believers, a Sith cult that operated in the Cularin system. When the Heroes of Cularin discovered something in the asteroid belt that could be used to destroy the Darkstaff, Len Markus, the leader of the Believers, sent Gaar, Ulis, and some other Believers to travel there and stop the heroes.

Source: https://starwars.fandom.com/wiki/Gaar

GAARable (gahr-ĕh-bĕl) adj. that to which the GAAR ought to apply, probably applies or could well apply.  First used as an adjective by Justice Campbell Miller in Canada Trustco Mortgage Company v. The Queen 2003 TCC 215 and then later again by him in R. v. Golini 2016 TCC 174.

GAARanoia (gahr-ĕh-noiə/) n.  1. a fiscal psychosis characterized by delusions of tax persecution, unwarranted fiscal jealousy, or exaggerated excise grandeur usually brought on by tax dispute fatigue. It may be an aspect of chronic appearances before the GAAR committee, abusive tax planning or aggressive tax audits.  2. suspicion and mistrust of tax people or their actions without evidence or justification “the global gaaranoia about offshore accounts, base erosion, profit shifting and fiscal malfeasance”.

GAARbage (gahr-bij) n. 1. anything that is useless or unnecessary except for generating a tax benefit. 2. that part of a transaction, series of transactions or events that is unnecessary to achieving a bona-fide outcome. 3. a transaction, event or series of transaction or events whose only purpose is to achieve a tax benefit. 4. the offensive element of a gaarable transaction.

GAARbecue (gahr-bĕ-kyoo) n. a meeting or other forum for grilling or roasting a taxpayer who falls into a GAARable transaction, series or events. v. to grill or roast a taxpayer with the GAAR.

GAARchbishop (gahrch-bish-ŏp) n. – head of a GAAR committee or other lead individual in a governing tax authority with carriage or administration of the GAAR at the relevant time for a particular tax authority.

GAARdian Angel (gahr-dee-un eh-uhn-juhl) n. 1. a tax advisor believed to watch over and protect someone from the GAAR, 2. a helpful or protective person who is also knowledgable about GAAR, 3. a lawyer or CPA believed to have special GAAR insights capable of delivering a taxpayer or the crown to salvation (aka the right answer).

GAARgonaut (gahrg-ŏ-not) n. an adventurer engaged in a quest to resolve a GAAR proposal, assessment or litigation.

GAARgument (gahr-gyū-mĕnt) n. 1. a discussion with a tax authority involving a disagreement involving the application of the GAAR. 2. A reason advanced as to why the GAAR does or does not apply.

GAARief (/ˈgärh-eef/) n. 1. anxiety caused by the application of the GAAR.  2. deep sorrow, especially that caused by being on the losing end of a GAAR case. n. gaarrief as in the five stages of tax change gaarrief. These are denial, anxiety, acceptance, curiosity and wonderment. In the first stage of a tax change, professionals are horrified at how badly the changes have been designed, that they represent overkill. In the second stage, planners fret over not being able to opine on the rules, there being insufficient guidance and levels of uncertainty rise. In the third stage, generally reached within months of enactment, the rules are widely accepted and planning now resumes. In the final two stages, tax planners’ curiosity gets the better of them and they explore the limits of the new rule and then, well, wonders never cease, they find new ways to use or abuse the particular rules. It is then when the GAAR may be a concern.

GAARmy (gahr-mee) n. 1. an organized force equipped for making or taking a GAAR analysis or assessment forward into the unknown.   2. a body of tax people organized to work on a GAAR analysis, proposal, assessment or litigation effort.

GAARpoon (gahr-poon) n. a sharp well thought out gaargument thrown at a taxpayer that stands a very good chance of sticking and negating a tax benefit under the GAAR. v. to spear with a gaarpoon. GaarŸpoon’er n. person throwing the gaarpoon.

GAARsenal (/ˈgärhs(ə)n(ə)l/) n. 1. a collection of fiscal weaponry and tax legislative devices available to a country, tax agency, or group of fiscal zealots. “Most modern countries’ tax gaarsenal includes many specific anti-avoidance rules and a GAAR that keep tax litigators in style and tax planners at bay. v. “an array of anti-avoidance resources available for the purpose of disrupting tax avoidance. “A GAARsenal of reasons at a tax agency’s  disposal to apply the GAAR”.  Also “Australia’s GAARsenal includes the multinational anti-avoidance law (MAAL) a weapon of tax-planning destruction (WTD), aka “the Mother of All Anti-avoidance Laws”. 2. a collection of fiscal weaponry, paperwork and tax planning excuses available to a corporation, individual or group of fiscal zealots. Most taxpayers’ gaarsenal includes many specific exemptions to the anti-avoidance rules, boatloads of cases and plenty of non-tax reasons why the GAAR does not apply that keep tax litigators in style and tax collectors at bay. v. “an array of anti-avoidance excuses available for the purpose of disrupting GAAR assessments. “A GAARsenal of reasons at a taxpayer’s  disposal to defend against the GAAR”.

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