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Part IVA and corporates paper

Published on 13 Feb 12 by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE

Part IVA seems to have been constantly before the courts over the last two years. This paper brings some sense to the output of the courts including:

  • the significant issues in the recent plethora of Part IVA cases
  • responsibilities for creating the counterfactual
  • challenging unattractive counterfactuals
  • handling multiple alternatives
  • the relationship between the scheme and the counterfactual
  • the ‘do nothing’ option.

Author profile:

Author Photo - Graeme Cooper CTA
Prof Graeme Cooper CTA
Graeme is Professor of Taxation Law at the University of Sydney and a consultant to Greenwoods & Herbert Smith Freehills. He is a former New South Wales State Council Chairman of The Tax Institute and currently a member of the National Council. He has worked as a consultant to the ATO, Treasury, Board of Taxation, United Nations, OECD, World Bank and International Monetary Fund. He was admitted to legal practice in New South Wales (1980) and Victoria (1999), and practised commercial law and tax in Sydney before entering teaching. He has taught tax in law schools in Australia, Europe and the United States, and holds degrees from the University of Sydney, University of Illinois and Columbia University, New York. Current at 11 January 2016 Click here to expand/collapse more articles by Graeme COOPER.
 

This was presented at Current Corporate Tax Issues.

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