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Part IVA and international transactions

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.

Author profile

Prof Robert Deutsch CTA
Professor Robert Deutsch, CTA. In addition to his role as Senior Tax Counsel at The Tax Institute Professor Deutsch is currently a Deputy President of the Administrative Appeals Tribunal (AAT), and for over 20 years he was a Professor in Taxation Law with the University of New South Wales. He specialises in taxation matters, with a special emphasis on international tax and has experience as a solicitor with a major national law firm, as an independent barrister, and as a director with a major accounting firm. Professor Deutsch has deep expertise in both tax practice and tax education, developed over many years at the highest levels. This gives him a unique perspective that enables him to represent The Tax Institute with authority and integrity. - Current at 05 December 2017
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