Loophole Information
A loophole is an ambiguity in a system, such as a law or security, which can be used to circumvent or otherwise avoid the intent, implied or explicitly stated, of the system. Loopholes are searched for and used strategically in a variety of circumstances, including taxes, elections, politics, the criminal justice system, or in breaches of security.
Historically, arrow slits were narrow vertical windows from which castle defenders launched arrows from a sheltered position, and were also referred to as "loopholes."[1] Thus a loophole in a law often contravenes the intent of the law without technically breaking it, much as the small slit window in a castle wall provides the only ready means of gaining entry without breaching or destroying the wall or a gate. For example, in some places, one may avoid paying taxes to the jurisdiction by forming a second residence in another location, or a commercial property can be built in a residential zone if it is made also for residential use.
In a security system, the one who breaches the system (such as an inmate escaping from prison) exploits the loophole during breach. Such weaknesses are often studied in advance by the violator, who spends time observing and learning the routine of the system and sometimes conducts surreptitious tests until such a loophole can be found.
Examples of legal loopholes:
- In 2005, Wal-Mart planned a store in Calvert County, Maryland. While a law in the county restricted the size of a retail store to 75,000 square feet (7,000 m2), Wal-Mart considered a plan that would dodge this restriction by building two separate smaller stores. Though Wal-Mart later withdrew this controversial plan[2], the plan highlighted a legal loophole.
- Parts of the interiors of U.S. bound Ford Transit Connect were stripped immediately upon importation to circumvent the 1963 Chicken Tax, which imposes a 25% tariff on imported light trucks. Ford imports all Transit Connects as "passenger vehicles" with rear windows, rear seats and rear seatbelts.[3] The vehicles are exported from Turkey, arrive in Baltimore, and are converted into "light trucks": rear windows are replaced with metal panels and rear seats removed.[3] The process exploits a loophole in the customs definition of a commercial vehicle. As cargo does not need seats with seat belts or rear windows, the mere presence of those items exempts the vehicle from light truck status. The conversion process costs Ford only hundreds of dollars per van, but saves thousands in taxes.[3]
See also
- Exemption
- Fine print
- Gaming the system
- Gerrymandering
- Legal technicality
- Piggybacking
- Quibble (plot device)
References
- Notes
- ^ Castle Loopholes at www.castles.me.uk
- ^ Paley, Amit R. (May 17, 2005). "Wal-Mart Drops Plan for Side-by-Side Calvert Stores". The Washington Post. http://www.washingtonpost.com/wp-dyn/content/article/2005/05/16/AR2005051601271.html. Retrieved May 11, 2010.
- ^ a b c "To Outfox the Chicken Tax, Ford Strips Its Own Vans". The Wall Street Journal, Matthew Dolan, September 22, 2009. September 23, 2009. http://online.wsj.com/article/SB125357990638429655.html.
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