Published on 18 Oct 12
by TASMANIAN DIVISION, THE TAX INSTITUTE
Significant legislative changes to Australia’s anti-avoidance provisions, in response to court decisions perceived by the regulator to have shown up shortcomings in the existing Part IVA, have led to significant uncertainty when it comes to structuring commercial transactions in a tax-effective manner, both large and small.
This paper focuses on the relevance of anti-avoidance rules to the affairs of SMEs and to ‘ordinary’ family dealings, including:
- a brief look at the history of our anti-avoidance provisions, including recent decisions
- a stocktake on the current state of play
- the Commissioner’s stated approach to applying Part IVA to transactions typically undertaken by SMEs
- a discussion on the practical implications for advisers.
Karen Goodfellow, CTA, is a part-owner of Practising Tax Pty Ltd, a highly regarded tax training and information business. She is responsible for the accuracy, quality and practicality of Practising Tax’s written tax materials. Karen’s experience in the tax training industry gives her an excellent understanding of the issues facing tax practitioners who advise SMEs, such as trusts, CGT, Div 7A and superannuation. Karen was involved in lobbying government during the GST implementation era, and in drafting the Board of Taxation’s report into the small business CGT concessions.
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18 October 2012