Miscellaneous 2007

Tax cases: Can Part IVA apply to legitimate components of a transaction?

Source: Taxation In Australia Journal Article

Published Date: 1 Oct 2007

In the case of Peter Cumins v Commissioner of Taxation the Full Federal Court heard an appeal from the Federal Court concerning an amended assessment that had been issued to the taxpayer on the basis that the general anti-avoidance provisions in Part IVA of the Income Tax Assessment Act 1936 applied, so that the taxpayer incurred a capital gain and not a capital loss from the sale of a beneficial interest in shares from one family trust to another.

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Miscellaneous 2007

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