Tax Avoidance in Australia

Tax Avoidance in Australia PDF Author: G. T. Pagone
Publisher:
ISBN: 9781862877948
Category : Tax evasion
Languages : en
Pages : 214

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Book Description
Exploring and illuminating the complexities of Australia's anti avoidance provisions in a lucid and meticulous work of scholarship is no small feat, and I know your book will quickly become an indispensable reference on the subject. Your book helps us narrow any gap in the views of reasonable people as to the application of these provisions. For this we are appreciative of your insightful work -- Michael D'Ascenzo, Commissioner of TaxationThe potential application of the general anti-tax avoidance provisions is an indispensable aspect of general commercial and domestic life, professional practice and professional advice. Daily commercial transactions frequently require consideration of whether the tax avoidance provisions may have been invoked. Normal family dealings often require consideration of whether the tax avoidance provisions have been triggered. Tax Avoidance in Australia provides a practical explanation of the workings of the main general tax avoidance provisions in Australia for income tax (Part IVA) and GST (Division 165). The explanation is placed in the context of the perceived deficiencies with the previous provisions and the elusive nature of the distinction between impermissible tax avoidance and permissible tax planning. In that context the book explains each of the elements necessary for the application of the anti-avoidance provisions and looks at how the provisions have been interpreted and applied by the Courts and by the Commissioner. The book also looks at the obligations upon advisers and the potential liability they face when advising upon or acting for taxpayers. Every legal and accounting professional advising on tax and commercial matters will find this book a rich and useful resource through which to navigate the complex provisions that make up the general anti-tax avoidance rules.

Tax Avoidance in Australia

Tax Avoidance in Australia PDF Author: G. T. Pagone
Publisher:
ISBN: 9781862877948
Category : Tax evasion
Languages : en
Pages : 214

Get Book Here

Book Description
Exploring and illuminating the complexities of Australia's anti avoidance provisions in a lucid and meticulous work of scholarship is no small feat, and I know your book will quickly become an indispensable reference on the subject. Your book helps us narrow any gap in the views of reasonable people as to the application of these provisions. For this we are appreciative of your insightful work -- Michael D'Ascenzo, Commissioner of TaxationThe potential application of the general anti-tax avoidance provisions is an indispensable aspect of general commercial and domestic life, professional practice and professional advice. Daily commercial transactions frequently require consideration of whether the tax avoidance provisions may have been invoked. Normal family dealings often require consideration of whether the tax avoidance provisions have been triggered. Tax Avoidance in Australia provides a practical explanation of the workings of the main general tax avoidance provisions in Australia for income tax (Part IVA) and GST (Division 165). The explanation is placed in the context of the perceived deficiencies with the previous provisions and the elusive nature of the distinction between impermissible tax avoidance and permissible tax planning. In that context the book explains each of the elements necessary for the application of the anti-avoidance provisions and looks at how the provisions have been interpreted and applied by the Courts and by the Commissioner. The book also looks at the obligations upon advisers and the potential liability they face when advising upon or acting for taxpayers. Every legal and accounting professional advising on tax and commercial matters will find this book a rich and useful resource through which to navigate the complex provisions that make up the general anti-tax avoidance rules.

Legislating Against Tax Avoidance

Legislating Against Tax Avoidance PDF Author: Rachel Anne Tooma
Publisher: IBFD
ISBN: 9087220340
Category : Income tax
Languages : en
Pages : 405

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Book Description
Proposes a uniform statutory GAAR for the Federation of Australia, and examines "the experiences of countries with (e.g., Australia, Canada, New Zealand and South Africa) and without (e.g., the United States of America and the United Kingdom) a statutory GAAR"--Page ix.

Opportunity for Tax Avoidance and Tax Evasion in the Australian Income Tax System

Opportunity for Tax Avoidance and Tax Evasion in the Australian Income Tax System PDF Author: Ian Gregory Wallschutzky
Publisher:
ISBN: 9780725904036
Category : Income tax
Languages : en
Pages : 56

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Book Description


Heat, Dust, and Taxes

Heat, Dust, and Taxes PDF Author: Lex Fullarton
Publisher: Columbia University Press
ISBN: 383826715X
Category : Business & Economics
Languages : en
Pages : 257

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Book Description
In 'Heat, Dust, and Taxes,' Lex Fullarton explores the taxpayer compliance behavior of blue-collar workers in the Pilbara region of Western Australia in the 1990s who participated in mass-marketed tax avoidance schemes at significantly higher rates than any other group of Australian taxpayers.Investigating the motivational factors which might have caused that and providing a broad background and context, Fullarton considers the physical, economic, and social environments of the Pilbara region, highlighting the extremely harsh physical and social environments in which the locals live and work. He examines the history of tax avoidance schemes in Australia from the 1970s to the 1990s to illustrate the development of mass-marketed tax avoidance schemes. Drawing on first-hand interviews with the miners as well as archival and statistical material, this rich and detailed study skillfully reveals the dominant motivational factors leading to the remarkable spread of tax avoidance schemes.

Economic Substance and Tax Avoidance

Economic Substance and Tax Avoidance PDF Author: Robert McMechan
Publisher:
ISBN: 9780779853328
Category : Tax evasion
Languages : en
Pages : 469

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Book Description


Taxing Democracy

Taxing Democracy PDF Author: Valerie A. Braithwaite
Publisher: Routledge
ISBN:
Category : Business & Economics
Languages : en
Pages : 322

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Book Description
The reforms carried out by the Australian Tax Office in the late 1990s are of interest to all countries.

Taxing Times

Taxing Times PDF Author: John Quiggin
Publisher: University of New South Wales Press
ISBN:
Category : Business & Economics
Languages : en
Pages : 72

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Book Description
Taxation is perhaps the longest-running subject for debate in Australian politics. In this book John Quiggin argues that a GST on its own will not restore the credibility of the tax system.

The Prevention of Tax Avoidance in Australia

The Prevention of Tax Avoidance in Australia PDF Author: D. R. Wilson
Publisher:
ISBN:
Category : Tax evasion
Languages : en
Pages : 190

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Book Description


Tax Anti-Avoidance Law in Australia and the United States

Tax Anti-Avoidance Law in Australia and the United States PDF Author: Susan C. Morse
Publisher:
ISBN:
Category :
Languages : en
Pages : 38

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Book Description
In both Australia and the U.S., the tax anti-avoidance law has evolved to include two common doctrinal components. One component requires evidence of taxpayers' tax avoidance purpose. The other component protects transactions clearly contemplated by the tax statute against charges of tax avoidance. The two bodies of law usually get to the same answer. Transactions involving loss generators, income assignment, and foreign tax credit generators illustrate this similarity. But the two bodies of law sometimes arrive at different answers. This is because important but subtle doctrinal differences also exist. Australian law conceives of a tax avoidance transaction as a contrived, tax-motivated Plan B departure from the counterfactual of a more normal, Plan A course of action. Australia's Part IVA has been applied to invalidate a planning step that is part of a larger, business-motivated merger transaction. In contrast, tax planning steps that are part of business-motivated merger and acquisition transactions generally are not vulnerable under U.S. law. In Australia, tax anti-avoidance law is found in a self-contained portion of the national tax statute. In the U.S., tax anti-avoidance law is a judicially created group of doctrines with a minor statutory gloss. One might expect that the statutory nature of Australian tax anti-avoidance law means that it is more rule-bound, meaning that it provides more answers ex ante, relative to U.S. law. Not so. Both bodies of law are standards, even though one is found in a statute and the other in case law. Thus, both depend on future decision makers to determine whether a transaction violates the anti-avoidance standard. And in each country, the future decision makers who have the most influence over the development of anti-avoidance law are the same group: tax administrators. In both countries, tax administrators exercise their authority most directly by selecting cases for audit and litigation. This discretion poses a greater risk of under enforcement, rather than over enforcement, in both jurisdictions.Finally, in Australia's parliamentary system, the tool of legislative change is more accessible than in the presidential system of government in the United States. In the U.S., the tool of administrative regulation is more powerful than in Australia. But recent history suggests that Australia uses the tool of statutory amendment more than the U.S. uses regulation to shape tax anti-avoidance law.

A Comparative Look at Regulation of Corporate Tax Avoidance

A Comparative Look at Regulation of Corporate Tax Avoidance PDF Author: Karen B. Brown
Publisher: Springer Science & Business Media
ISBN: 9400723423
Category : Law
Languages : en
Pages : 387

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Book Description
This volume provides a fascinating look at the anti-tax avoidance strategies employed by more than fifteen countries in eastern and western Europe, Canada, the Pacific Rim, Asia, Africa, and the United States. It surveys the similarities and differences in anti-avoidance regimes and contains detailed chapters for each country surveying the moral and legal dimensions of the problem. The proliferation of tax avoidance schemes in recent years signals the global dimensions of a problem presenting a serious challenge to the effective administration of tax laws. Tax avoidance involves unacceptable manipulation of the law to obtain a tax advantage. These transactions support wasteful behavior in which corporations enter into elaborate, circuitous arrangements solely to minimize tax liability. It frustrates the ability of governments to collect sufficient revenue to provide essential public goods and services. Avoidance of duly enacted provisions (or manipulation to secure tax benefits unintended by the legislature) poses a threat to the effective operation of a free society for the benefit of a small group of members who seek the privilege of shifting their tax burden onto others merely to compete in the world of commerce. In a world in which world treasuries struggle for the resources to battle terrorist threats and to secure a decent standard of living for constituents tax avoidance can bring economies close to the edge of sustainability. As tax avoidance is one of the top concerns of most nations, the importance of this work cannot be overstated.