Anti-avoidance International tax & business 2011

Part IVA and international transactions

Source: The Tax Specialist Journal Article

Published Date: 1 Oct 2011


There have been several important recent cases which have considered the application of Pt IVA (the general anti-avoidance provision of the Income Tax Assessment Act 1936 (Cth)) to international transactions. In this article, the author examines five such decisions, each of which had a broad international
dimension and ran into problems in the context of Pt IVA. The article then turns to the so-called "anticipated Myer litigation" which arose out of the float of the Myer Emporium, and examines the critical tax issues that will arise in any tax litigation that may ensue, and the possible relevance of Pt IVA.

The author then reviews the key messages emerging from the cases, and summarises the features that the Commissioner is likely to look for when considering the application of Pt IVA, having regard to, in particular, the Commissioner's own practice statement and relevant case law.

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Anti-avoidance International tax & business 2011

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