Crimes (Taxation Offences) Act 1980

PART II - OFFENCES RELATING TO INCOME TAX  

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Note:

The offences in this Part are applied to other taxes by the later Parts of this Act. These taxes are:

  • (a) (Repealed by No 101 of 2006 )
  • (b) (Repealed by No 101 of 2006 )
  • (c) fringe benefits tax (see Part IV );
  • (d) petroleum resource rent tax (see Part V );
  • (e) (Repealed by No 101 of 2006 )
  • (f) superannuation guarantee charge (see Part VII );
  • (g) goods and services tax (see Part VIII );
  • (h) wine equalisation tax (see Part IX );
  • (i) luxury car tax (see Part X ).
  • (j) (Repealed by No 96 of 2014)
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    SECTION 5   ARRANGEMENTS TO AVOID PAYMENT OF INCOME TAX  

    5(1)    

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    Where a person enters into an arrangement or transaction with the intention of securing, either generally or for a limited period, that a company or trustee (whether or not a party to the arrangement or transaction) will be unable, or will be likely to be unable, having regard to other debts of the company or trustee, to pay income tax payable by the company or trustee, the person commits an offence.
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    5(2)    

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    Where:


    (a) a person enters into an arrangement or transaction with the intention of securing, either generally or for a limited period, that a company or trustee (whether or not a party to the arrangement or transaction) will be unable, or will be likely to be unable, having regard to other debts of the company or trustee, to pay future income tax payable by the company or trustee; and

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    (b) income tax becomes due and payable by the company or trustee;

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    the person commits an offence.

    Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.

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