New South Wales Consolidated Acts

DUTIES ACT 1997 - SECT 284D

284D Payment of duty avoided as a result of tax avoidance scheme

(1) A person is liable to pay the amount of duty avoided by the person as a result of a tax avoidance scheme that is of an artificial, blatant or contrived nature.

(2) For the purposes of this Chapter, the "amount of duty avoided" by a person as a result of the tax avoidance scheme is the amount of duty, or the amount of additional duty, that would have been payable by the person, or that it is reasonable to expect would have been payable by the person, if the tax avoidance scheme had not been entered into or made.

(3) The Chief Commissioner may make an assessment, or reassessment, of a liability for duty on the basis of the person’s liability under this Chapter to pay an amount of duty avoided by the person.