Northern Territory Consolidated Acts

STAMP DUTY ACT - SECT 4B

(1) In this section:

scheme includes:

(a) an agreement, arrangement or undertaking:

(i) in whatever form;

(ii) wherever entered into, made or given;

(iii) whether unilateral, bilateral or multilateral; and

(iv) whether enforceable or not; and

(b) an act done or omitted to be done, or a course of conduct carried out or not or engaged in or not, by any person whomever in any place wherever.

(2) A tax avoidance scheme is a scheme of which a purpose (collateral or otherwise) is, in the Commissioner's opinion:

(a) to avoid or reduce the duty that would be payable, apart from the scheme, under this Act; or

(b) to obtain the benefit of an exemption or concession from duty that would not be available apart from the scheme.

(3) In considering whether a scheme is a tax avoidance scheme, the Commissioner may have regard to any matter whatever that the Commissioner thinks is relevant.