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Upping the ante on the anti-avoidance provisions?


In November 2010, the Commonwealth Government released a discussion paper entitled "Improving the operation of the anti-avoidance provisions in the income tax law". The paper seeks views on the expansion of the definition of "tax benefit" in s 177C (in Pt IVA, the general anti-avoidance rule in the Income Tax Assessment Act 1936 (ITAA36)), and examines other issues relating to both Pt IVA and the specific antiavoidance provisions to be found throughout the ITAA36 and the Income Tax Assessment Act 1997.
The purpose of this article is to remind the reader of the background to this current review and to examine the issues raised by the discussion paper. The article examines the rather long gestation period of the review. It then provides an overview of the discussion paper, and goes on to examine in more detail the primary issues raised in the paper. The article concludes that the review seems to be more about achieving integrity for the revenue, rather than certainty for taxpayers.

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Author Photo - Robert Allerdice CTA
Robert Allerdice CTA
Robert has tax experience spanning 33 years, and is currently The Tax Institute's Tax Consultant. In this role, Robert edits TAXVINE, The Tax Institute's weekly email newsletter, and reviews all articles for publication in two of The Tax Institute's journals, Taxation in Australia and the Tax Specialist. Robert also assists in The Tax Institute's Structured Education program, filling the roles of Advanced Tax Convenor and Applied Tax Convenor. Robert was admitted as a solicitor of the NSW Supreme Court in 1974 and practised as a tax lawyer from 1978 to 1993. He then accepted positions as Senior Lecturer, firstly with ATAX at the University of New South Wales, and then at the Law School at the University of Sydney. Robert joined The Tax Institute in June 2000. Current at 01 February 2012 Click here to expand/collapse more articles by Robert Allerdice.
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