Western Australian Current Acts Western Australian Current Acts (1) In this section
—
pre-section 270 decision request means a request
made under subsection (2);
section 270 decision means a decision of the
Commissioner under section 270 that —
(a) a
person has entered into or carried out a tax avoidance scheme that is of a
blatant, artificial or contrived nature; and
(b) the
scheme is to be disregarded.
(2) A person proposing
to enter into or carry out a scheme which will relate to a transaction or
acquisition or a series of transactions or acquisitions may ask the
Commissioner to decide whether the Commissioner would make a section 270
decision in relation to the scheme if it were entered into or carried out by
that person.
(3) A pre-section 270
decision request must be made in the approved form and must specify each
transaction and acquisition to which the scheme in respect of which the
request is made will relate.
(4) The Commissioner
may, as often as the Commissioner thinks fit, ask a person that has made a
pre-section 270 decision request for —
(a) any
information the Commissioner needs to be fully informed in relation to each
transaction and acquisition to which the scheme in respect of which the
request is made will relate; or
(b) any
other information the Commissioner needs to make the decision requested.
(5) The Commissioner
may refuse a pre-section 270 decision request if —
(a) the
scheme to which the request relates has been entered into or carried out; or
(b) the
Commissioner has already made a decision on a pre-section 270 decision
request, or a section 270 decision, in relation to the same or a similar
scheme or a scheme relating to the same or similar transactions or
acquisitions; or
(c) the
Commissioner has already refused a pre-section 270 decision request under this
section made by the same person in relation to the same or a similar scheme or
a scheme relating to the same or similar transactions or acquisitions; or
(d) a
request made by the Commissioner under subsection (4) is not satisfied.
(6) If the
Commissioner is given the information needed to make the decision requested in
a pre-section 270 decision request, the Commissioner must make the decision
and give written notice of it to the person that made the request.
(7) In making a
determination requested in a pre-section 270 decision request the Commissioner
may have regard to —
(a)
information provided by the person that made the request; and
(b) any
other matter the Commissioner considers relevant.
(8) If the
Commissioner decides on a pre-section 270 decision request that the
Commissioner would not make a section 270 decision in relation to the scheme
set out in the request, and the scheme is subsequently entered into or carried
out, the Commissioner must not make a section 270 decision in relation to the
scheme unless —
(a) the
scheme that is entered into or carried out, or any circumstance relating to
it, differs materially from the scheme or circumstances to which the request
related; or
(b) any
information relevant to the scheme that is entered into or carried out, or to
any circumstance relating to it, differs materially from the information given
to the Commissioner in relation to the request; or
(c) the
Commissioner considers that there was not a full and true disclosure to the
Commissioner of information in relation to the request.