Miscellaneous 2006

Recognising tax avoidance: an analysis of Part IVA of the Income Tax Assessment Act 1936 (cth)

Source: Australian Tax Forum Journal Article

Published Date: 1 Apr 2006

For years now tax advisers and commentators have disapproved Australia’s general tax avoidance rule, contained in Pt IVA of the Income Tax Assessment Act 1936 (Cth). The most common question about Pt IVA regards its scope—when does it apply?—and the object of this paper is to give an answer. The concepts of scheme and tax benefit are examined in Parts 2 and 3 of the paper. Part 4 looks at how the purpose question is answered, and at some of the criticisms of the High Court’s approach. The conclusion is that properly applied Pt IVA provides a sound basis for distinguishing between tax planning and tax avoidance.

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Miscellaneous 2006

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