Part IVA and Division 165: where are we now and where are we heading? paper

Published on 06 Oct 05 by VICTORIAN DIVISION, THE TAX INSTITUTE

There have been numerous significant court cases concerning Part IVA in recent years and the number of decisions shows no sign of abating. A number of these cases are producing outcomes that tax professionals might not have anticipated. This paper also includes the latest analysis of the Full Court of the Federal Court decision in Macquarie Finance Limited. Justice Edmonds is eminently qualified to speak on Part IVA and Division 165. He is one of Australia's foremost taxation authorities including Harts case. His presentation will include:

• overview and comparison of general anti-avoidance provisions in the ITAA and GST Acts
• particular issues to be learnt from the cases in arguing for or against the application of general anti-avoidance provisions
• interrelationship between general and specific anti-avoidance provisions
• interrelationship of tax benefit with choices, elections, declarations and agreements
• analysis of Macquarie Finance Limited.

Author profile

Justice Richard Edmonds CTA

Justice Edmonds was appointed to the Federal Court of Australia in May 2005. At that time he was a practising Barrister at the New South Wales Bar. He graduated from the University of Sydney with a Bachelor of Arts and Master of Laws. After 15 years in practice as a Solicitor, he was called to the New South Wales Bar in 1985. He was appointed Senior Counsel in 1995. - Current at 17 May 2017

More by Richard F EDMONDS

• Structural tax reform: What should be brought to the table? - 01-August-2015
• Judicial approaches to the application of the Income Tax Assessment Acts to intra-group transactions discernable from recent cases paper - 06-October-2011
• Judicial assessment of the performance of the goods and services tax as an instrument of tax reform paper - 08-September-2011
• The distinction between capital and revenue and its continuing relevance to tax matters paper - 03-March-2010
• Editorial message - The taxation of company distributions: the implications of Condell - 01-June-2007
• Recourse to foreign authority in deciding Australian tax cases. - 01-March-2007
• Five years of GST paper - 13-October-2005
• Part IVA & Anti Avoidance - Where are we now? - 01-February-2003
• Gambling on interest deductions - 30-May-1998
• Interest deductibility for corporates - 13-November-1997
• Out of the Red: Part IVA: the provisions revisited ; Discretionary trusts: an illusory problem - 01-September-1996
• The nexus for liability - the concept of an interest paper - 24-August-1995
• Assessable income: unravelling the second strand - 01-June-1992
• Recent developments in capital gains tax issues. Outline - 01-January-1992
• Cooling questioned: a correct decision? - 01-May-1991
• Section 51 and its place in the Act - 01-January-1990
• Negative gearing - 01-January-1986
• Capital gains tax - 01-January-1986
• Transfer of losses within company groups - 01-December-1984
• Unitary tax - 01-April-1984
• Exchange control - 01-January-1982
• FIRB and exchange control - 01-January-1981
• The taxation of trusts - 01-December-1980
• Australia's double tax agreements and industrial and commercial profits: an analysis and comparison - 01-October-1979
• Trusts and partnerships: report on Income Tax Amendment Act, 1979 - 01-April-1979
• The trend of Section 51: form v substance - 01-December-1976

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