Western Australian Current Acts

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DUTIES ACT 2008 - SECT 270

270 .         Certain tax avoidance schemes, Commissioner may disregard

        (1)         If the Commissioner decides that a person has entered into or carried out a tax avoidance scheme that is of a blatant, artificial or contrived nature, the Commissioner may disregard the scheme.

        (2)         If a tax avoidance scheme is disregarded under subsection (1), the Commissioner must —

            (a)         determine the duty which would have been payable, or could reasonably have been expected to be payable, by any person that entered into or carried out the scheme, or any other person, but for the scheme; and

            (b)         give effect to that determination by making —

                  (i)         an official assessment under the Taxation Administration Act section 15; and

                  (ii)         any reassessment the Commissioner considers necessary.

        (3)         The Commissioner must have regard to the following matters when making a decision under subsection (1) —

            (a)         the way in which the scheme was entered into or carried out;

            (b)         the form and substance of the scheme, including —

                  (i)         the legal rights and obligations involved in the scheme; and

                  (ii)         the economic and commercial substance of the scheme;

            (c)         when the scheme was entered into and the length of the period during which the scheme was, or is to be, carried out;

            (d)         any change to a person’s financial position, or any other consequence, that has resulted, will result or may reasonably be expected to result from the scheme having been entered into or carried out;

            (e)         the nature of the connection, whether of a business, family or other nature, between the person that has entered into or carried out the scheme and any person mentioned in paragraph (d);

            (f)         the circumstances surrounding the scheme.

        (4)         The Commissioner cannot exercise the powers under this section in the course of making an interim assessment but can exercise those powers in the course of making an assessment following an interim assessment.

        [Section 270 amended: No. 10 of 2013 s. 7.]



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