The potential application of the general tax avoidance provisions is an indispensable aspect of general commercial and domestic life, professional practice and professional advice. Daily commercial transactions and normal family dealings frequently require consideration of whether the tax avoidance provisions may apply.
This second edition of Tax Avoidance in Australia provides a practical explanation of the workings of the main general tax avoidance provisions in Australia for income tax (Part IVA) and GST (Division 165). The explanation is placed in the context of the perceived deficiencies with the previous provisions and the elusive nature of the distinction between impermissible tax avoidance and permissible tax planning. In that context the book explains each of the elements necessary for the application of the anti-avoidance provisions. The book also looks at the obligations on advisers and the potential liability they face when advising taxpayers on anti-tax avoidance law.
The second edition covers all of the significant legal developments since the original book’s publication in 2010, including the major amendments of Part IVA made in 2013, the new multinational anti-avoidance and diverted profits tax provisions, and the latest leading court decisions on Part IVA and Division 165.
Every legal and accounting professional advising on tax and commercial matters will find this book a rich and useful resource through which to navigate the complex provisions that make up the general anti-tax avoidance rules.
Foreword to the Second Edition by AJ Myers AC KC
Foreword to the First Edition by The Hon Murray Gleeson AC
Preface to the Second Edition
Preface to the First Edition
Table of Cases
Table of Statutes
1. Tax Avoidance
2. Statutory General Anti-Avoidance Rule in Australia
3. Scheme
4. Tax Benefit: Section 177C
5. Purpose of Tax Avoidance
6. Dividend Stripping
7. Schemes to Limit an Australian Tax Presence
8. Diverted Profits Tax
9. Franking Credits and Dividend Streaming
10. Cancelling Tax Benefits
11. Goods and Services Tax (GST)
12. Advising on Tax Avoidance
13. Income Tax Assessment Act 1936 (Part IVA)
Index
Reviews of the first edition
Exploring and illuminating the complexities of Australia’s anti avoidance provisions in a lucid and meticulous work of scholarship is no small feat, and I know your book will quickly become an indispensable reference on the subject. Your book helps us narrow any gap in the views of reasonable people as to the application of these provisions. For this we are appreciative of your insightful work.
Michael D’Ascenzo, Commissioner of Taxation
As a practitioner, I will find it an invaluable resource to quickly get to the heart of the law in relation to tax avoidance, in particular Part IVA. As a person interested in tax academia, I think it is a long awaited, unique and a significant addition to the tax law literature in Australia.
Steve Southon, Senior Taxation Manager, Group Treasury, Group Taxation, National Australia Bank
Read the Foreword by AJ Myers AC KC from Tax Avoidance in Australia, 2nd edition
