New South Wales Consolidated Acts

DUTIES ACT 1997 - SECT 284F

284F Matters relevant to whether scheme is tax avoidance scheme

The following matters are to be taken into account in determining whether a scheme is a tax avoidance scheme, and whether it is of an artificial, blatant or contrived nature:

(a) the way in which the scheme was entered into, made 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) when the scheme was entered into or made and the length of the period during which the scheme was carried out,

(d) the purpose of this Act or any provision of this Act, whether or not that purpose is expressly stated,

(e) the effect that this Act would have in relation to the scheme apart from this Chapter,

(f) any change in any person’s financial position, or other circumstances, that has resulted, will result, or may reasonably be expected to result, from the scheme,

(g) the nature of any connection, whether of a business, family or other nature, between the person whose liability for duty is avoided or reduced as a result of the scheme and any other person whose financial position or other circumstances have changed, will change, or may reasonably be expected to change, as a result of the scheme,

(h) the circumstances surrounding the scheme.