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STATUTES AMENDMENT (LAND HOLDING ENTITIES AND TAX AVOIDANCE SCHEMES) ACT 2011 (NO 26 OF 2011) - SECT 10

10—Transitional provision

        (1)         In this section—

"new Part 6A" means Part 6A inserted into the principal Act by this Act;

"principal Act" means the Taxation Administration Act 1996 ;

"relevant time" means—

            (a)         in relation to the Land Tax Act 1936 —midnight on 30 June 2011;

            (b)         in any other case—1 July 2011.

        (2)         Unless the contrary intention appears, a term used in this section and also in new Part 6A has the same meaning in this section as it has in that Part.

        (3)         Part 6A applies in respect of a scheme if the scheme, or any part of the scheme

            (a)         is entered into or made on or after the relevant time; or

            (b)         is carried out or has effect (in whole or in part) on or after the relevant time (regardless of when it was first entered into or made).

        (4)         However—

            (a)         new Part 6A does not apply to any amount of tax avoided by a person as a result of a tax avoidance scheme if, apart from the scheme, the date on which the amount of tax avoided would have been payable occurred before the relevant time; and

            (b)         penalty tax cannot be imposed in respect of a tax default on account of the operation of new Part 6A in respect of a scheme, or any part of a scheme, entered into or made, or carried out, before the relevant time.



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