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Tax planning – In reverse!

Shared from Tax Insider: Tax planning – In reverse!
By TACS Partnership, April 2020

The TACS Partnership points out that mistakes about the tax consequences of certain actions can be rectified in some instances.

Tax planning can be hazardous and uncertain. For example, if a tax planning arrangement is considered to overstep the mark, there is a plethora of targeted anti-avoidance rules (TAARs) and less specific anti-avoidance legislation, which can render the planning ineffective for tax purposes.

General anti-abuse rule

Furthermore, the general anti-abuse rule (GAAR) is broadly aimed at counteracting ‘abusive’ tax arrangements (FA 2013, ss 206-215, Sch 43). 

The GAAR applies what is commonly known as a ‘double reasonableness’ test. This

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