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Tax integrity – expanding the general anti-avoidance rule in the income tax law

The Government announced it will widen the scope of the general anti-avoidance rule for income tax.

Last updated 27 March 2025

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The Australian government is now in Caretaker.

Announced measures that are not yet law will be subject to consideration by the incoming government. In these circumstances, you need to self-assess based on the current law. If you choose to anticipate new law in line with the announcement and it is not enacted, you may need to seek an amendment.

 

For more information, see Administrative treatment of retrospective legislation.

On 9 May 2023, as part of the 2023–24 BudgetExternal Link, the Australian Government announced it will improve the integrity of the tax system by expanding the scope of the general anti-avoidance rule for income tax.

This measure is not yet law.

The general anti-avoidance rule for income tax will be expanded to include schemes that:

  • reduce tax paid in Australia by accessing a lower withholding tax rate on income paid to foreign residents
  • achieve an Australian income tax benefit, even where the dominant purpose was to reduce foreign income tax.

This measure will apply to income years commencing on or after 1 July 2024, regardless of whether the scheme was entered into before that date.

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