TAXATION ADMINISTRATION ACT 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 3 - Collection, recovery and administration of other taxes  

PART 3-15 - MAJOR BANK LEVY  

Division 117 - Anti-avoidance  

Subdivision 117-A - Application of this Division  

SECTION 117-20   117-20   MATTERS TO BE CONSIDERED IN DETERMINING PURPOSE  


The following matters are to be taken into account under section 117-10 in considering an entity ' s purpose in entering into or carrying out the *scheme, or part of the scheme:


(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 the period during which the scheme was carried out;


(d) the effect that the Major Bank Levy Act 2017 , and any other *taxation law to the extent that it applies in relation to that Act, would have in relation to the scheme apart from this Division;


(e) any change in the financial position of the entity that has resulted, or may reasonably be expected to result, from the scheme;


(f) any change that has resulted, or may reasonably be expected to result, from the scheme in the financial position of an entity (a connected entity ) that has or had a connection or dealing with the entity, whether the connection or dealing is or was of a business or other nature;


(g) any other consequence for the entity or a connected entity of the scheme having been entered into or carried out;


(h) the nature of the connection (whether of a business or other nature) between the entity and a connected entity.




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