New South Wales Consolidated Acts

DUTIES ACT 1997 - SECT 284E

284E What is a tax avoidance scheme?

(1) For the purposes of this Chapter, a "tax avoidance scheme" is any scheme that a person, whether alone or with others, enters into, makes or carries out for the sole or dominant purpose of enabling liability for duty to be avoided or reduced.

(2) It does not matter that the scheme is entered into, made or carried out wholly or partly outside New South Wales.

(3) In determining the sole or dominant purpose for which a scheme is entered into, made or carried out, any purpose related to avoiding, reducing or postponing a liability for foreign tax is to be disregarded.

(4) In this section:
"foreign tax" means a duty, tax or other impost imposed under a law of another State, a Territory, the Commonwealth or a jurisdiction outside Australia.