Scandinavian Law through the Looking Glass: A Comparative Study on the Historical Development of GAARs in Sweden, Denmark, and Norway

This paper explores how general anti-avoidance rules (GAARs) have developed over time in the Scandinavian countries (Sweden, Denmark, and Norway) and what this development can convey when considering legal culture and legal traditions in the individual countries. Consequently, the issue is approached from a comparative perspective. The traditional acceptance of a strong Scandinavian legal culture is revisited with the intention of providing an enhanced understanding of the power dynamics between the legislator, the judiciary, and the tax administration within the Scandinavian tax systems. The findings of the study are of great relevance to other jurisdictions given the impact of ongoing international tax developments at OECD and EU level