Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) Where the Commissioner is satisfied that a person has used a tax avoidance scheme, he or she may—
(a) determine the tax to which the person and other persons would have been liable but for the use of the scheme; and
(b) take such action as he or she considers necessary to allow assessments of tax so determined.
(2) Where the Commissioner makes a determination under subsection (1), each person benefiting from the scheme is liable for tax in accordance with the determination.
(3) In this section—
(a) any plan, action or conduct of a person;
(b) any trust, agreement, arrangement or other understanding between persons, whether oral or in writing, whether express or implied and whether or not it is intended to be legally binding; and
(c) any series or combination of schemes referred to in paragraphs (a) and (b);
(a) the manner in which the scheme was entered into or carried out;
(b) the form and substance of the scheme;
(c) the time at which the scheme was entered into and the length of time during which it was carried out;
(d) the extent to which the scheme reduces the tax that would otherwise be payable;
(e) whether the scheme has resulted in, or can reasonably be expected to result in, a change in any person's financial position, or in any other consequence for any person; or
(f) the nature of any connection (whether of a business, family or any other nature) between the person and a person referred to in paragraph (e);
it would be reasonable to conclude that the person entered into or carried out the scheme principally for the purpose obtaining the reduction in, or exemption from, tax.
(4) This section applies in relation to a scheme wherever and whenever entered into.
(5) This section does not prevent a person from agreeing to pay tax payable by another or from entering a tax-sharing agreement.