Fuel Tax Act 2006

CHAPTER 4 - COMMON RULES  

PART 4-4 - ANTI-AVOIDANCE  

Division 75 - Anti-avoidance  

Subdivision 75-A - Application of this Division  

SECTION 75-15   MATTERS TO BE CONSIDERED IN DETERMINING PURPOSE OR EFFECT  

75-15(1)    
The following matters are to be taken into account under section 75-5 in considering an entity ' s purpose in entering into or carrying out the *scheme from which the avoider got a *fuel tax benefit, and the effect of the scheme:

(a) the manner 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) the purpose or object (whether or not expressly stated) of any of the following Acts, and any relevant provision of those Acts, so far as they are relevant to this Act:

(i) this Act;

(ii) the Excise Act 1901 and the Excise Tariff Act 1921 ;

(iii) the Customs Act 1901 and the Customs Tariff Act 1995 ;

(iv) (Repealed by No 81 of 2015)

(v) the *GST Act;

(d) the timing of the scheme;

(e) the period over which the scheme was entered into and carried out;

(f) the effect that this Act would have in relation to the scheme apart from this Division;

(g) any change in the avoider ' s financial position that has resulted, or may reasonably be expected to result, from the scheme;

(h) 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 avoider, whether the connection or dealing is or was of a family, business or other nature;

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

(j) the nature of the connection between the avoider and a connected entity;

(k) the circumstances surrounding the scheme;

(l) any other relevant circumstances.

75-15(2)    
Subsection (1) applies in relation to consideration of an entity ' s purpose in entering into or carrying out a part of a *scheme from which the avoider gets a *fuel tax benefit, and the effect of part of the scheme, as if the part were itself the scheme from which the avoider gets the fuel tax benefit.