DUTIES ACT 2000 - SECT 89N Anti-avoidance provision

DUTIES ACT 2000 - SECT 89N

    (1)     If the Commissioner considers that a person has participated in a tax avoidance scheme, the Commissioner may—

        (a)     disregard the scheme; and

        (b)     determine what duty would have been payable under this Part but for the scheme; and

        (c)     make an assessment or reassessment under the Taxation Administration Act 1997 of the tax liability of the person or any other person to give effect to that determination.

    (2)     For the purposes of making a determination under subsection (1), the Commissioner may—

        (a)     treat a company or a unit trust scheme as a landholder of a particular class;

        (b)     treat a landholder (or, if the landholder is a unit trust scheme, the trustee of the scheme) as holding land, and determine the extent of that land holding;

        (c)     treat a relevant acquisition as having been made by any person and determine the extent of that interest;

        (d)     determine the value of any land.

    (3)     Nothing in subsection (2) limits the powers of the Commissioner to make a determination under subsection (1).

    (4)     A tax default occurs for the purposes of the Taxation Administration Act 1997 if the whole of any duty assessed or reassessed in accordance with subsection (1)(c) is not paid to the Commissioner within 30 days after liability for the duty arose.

S. 89O substituted by No. 38/2012 s. 5.