Miscellaneous 2006

Tax case: Trust loss scheme a scam

Source: Taxation In Australia Journal Article

Published Date: 1 May 2006


Raftland Pty Ltd v FC of T [2006] FCA 109.

The Federal Court has affirmed the Commissioner of Taxation’s (“Commissioner”) amended assessments totalling $4.205 million after finding that a taxpayer’s purported distributions of income to a unit trust with accumulated tax losses were a sham. The Court also held that the trust stripping provisions of s 100A of the Income Tax Assessment Act 1936 (“ITAA36”) applied. As a result, the income that was deemed not to have been distributed was assessable to the trustee under s 99A.

Sorry, this is subscriber only content.

To gain access to this material and much more - Subscribe Now.

(Note: Members can access Taxation in Australia journal articles without a Tax Knowledge Exchange subscription - please log in to access).

Already a Subscriber? Login now


  • Published By: Anna Tang
  • Published On:1 May 2006

The material is copyright. Apart any fair dealing for the purpose of private study, research criticism or review, as permitted under the copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.

Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

The Tax Institute
(ABN 45 008 392 372 (PRV14016))


The Tax Institute is a Recognised Tax Agent Association (RTAA) under the Tax Agent Services Regulations 2009. 

Copyright Statement

All materials provided on this site are protected by copyright and are owned by or licensed to TTI.

Except as expressly permitted by TTI or the copyright owner, any person or company who uses this site must not use, reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, the materials or any information, software or other content, in whole or in part, which is available through this site.


Miscellaneous 2006

Share this page