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Part IVA - seriously flawed in principle

Publication date: 01 Jul 98 | Source: JOURNAL OF AUSTRALIAN TAXATION

Issue: Vol 1

Pages: pp.57-78

Part IVA of the ITAA 1936 was introduced to replace s.260 of the Act, which was completely ineffective as an instrument to forestall and deter tax avoidance, and the approach by the High Court was to encourage more aggressive and artificial tax minimisation schemes. Although the High Court was blamed for the failure of s.260, that result can be explained by reference to the inherent nature and character of general anti-avoidance provisions. Part IVA has the same essential characteristics as those of its predecessor and is likely to suffer the same fate, says the author.

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Author profile

Dr Nabil Orow CTA
Bill (Nabill) is a practicing member of the Victorian Bar who specialises in state and federal taxation law as well as trusts, succession, property and corporations law. He has published widely including a book on comparative anti avoidance rules published in the UK and a joint book with R Deutsch titled, Income Tax and GST Planning StrateDistributing to Corporate - Current at 23 July 2010
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