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Gibraltar Expanding General Anti-Avoidance Rules

16 April 2025

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Proposed Changes

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Gibraltar

The Government of Gibraltar has published the Income Tax (Amendment) Bill 2025. The Bill would replace section 40 of the Income Tax Act 2010 (the Act), which contains Gibraltar's (general) anti-avoidance rules. The new section 40 expands the rules, providing that the Commissioner may counteract or disregard any tax advantage that a person has obtained from or under a tax avoidance arrangement. For this purpose: An "arrangement" includes but is not limited to a structure, agreement, contract, plan, or understanding, whether enforceable or unenforceable, including all steps and transactions by which it is carried into effect; A "tax avoidance arrangement"...