Published on 01 Oct 11
by "THE TAX SPECIALIST" JOURNAL ARTICLE
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.
Prof Robert Deutsch CTA
Bob is a Deputy President with the Administrative Appeals Tribunal and a Professor Of Taxation in the Australian School of Business at the University of New South Wales. He is a former Director of the Atax program and has over 30 years legal and tax experience. Prior to his appointment with Atax, Bob was a Tax Partner with Mallesons Stephen Jaques. He
was also previously a Senior Lecturer in Law at the University of Sydney and has written widely, especially in the area of international tax. Current at 16 November 2012
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