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Star City Pty Ltd & Pt IVA : revisiting "muffled echoes" from the past!

Publication date: 18 Jan 08 | Source: WEEKLY TAX BULLETIN

Issue: No 3 2008

Pages: pp.35-38

Part IVA of the ITAA 1936 was introduced to replace s260 of the Act. The purpose of the change was ostensibly to better combat tax-avoidance in Australia. Section 260 and its application proved to be complicated and excessively broad, to the point where by the early 1980s, it was essentially struck down following the decision in Newton's case (1958) 98 CLR 2. This case represented the beginning of the end for s260, because it allowed a transaction that was part of an ordinary business or family dealing, to escape the threshold requirements of s260.

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Author profile

Arthur Athanasiou CTA
Photo of author, Arthur ATHANASIOU Arthur, a Partner at Thomson Geer Lawyers, has many years experience in complex tax litigation and tax audit negotiations and settlements. Arthur’s main area of practice is taxation advisory, with an emphasis on dispute resolution, particularly in the SME sector, with both the ATO and the SRO. He also has broad experience in the taxation of trusts and SME entities, with an emphasis on Div 7A and high-wealth individuals and family groups. Arthur has extensive experience in all areas of direct and indirect taxation and has qualified as a Chartered Accountant. He has also held senior taxation and management positions in the transport and motor vehicle industries, with specialist experience in logistics, supply chain, chain of responsibility and contract warehousing. Arthur is the President of The Tax Institute as well as a State Councillor, and also chairs the Law Institute’s Tax Law Advisory Committee. Arthur is an Accredited Tax Law Specialist and a widely published writer on taxation issues. He regularly appears in the mainstream media, and presents at tax seminars and discussion groups. Arthur has been recognised in Doyle’s Guide 2015 as a recommended tax lawyer in Victoria. - Current at 12 April 2017
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