Business purpose theory: rule of law or ability to pay principle? A brief incursion on the application of the anti-avoidance rule in Spain.

• In Event: Courts in the Comparative Perspective

Brief Overview

The paper verifies the concept of the business purpose theory in the Spanish anti-avoidance regulation, criticizing how the Supreme Court applies this rule and the reasoning from which the the Court derives legal effects based on economic contents.

Author

• André Felipe Canuto Coelho, Universidade Federal de Pernambuco (UFPE)