Western Australian Numbered Acts Western Australian Numbered Acts (1) If the
Commissioner decides that a person has entered into or carried out a tax
avoidance scheme that is of a blatant, artificial or contrived nature, the
Commissioner may disregard the scheme.
(2) If a tax avoidance
scheme is disregarded under subsection (1), the Commissioner
must —
(a)
determine the duty which would have been payable, or could reasonably have
been expected to be payable, by any person that entered into or carried out
the scheme, or any other person, but for the scheme; and
(b) give
effect to that determination by making —
(i)
an official assessment under the
Taxation Administration Act section 15; and
(ii)
any reassessment the Commissioner considers necessary.
(3) The Commissioner
must have regard to the following matters when making a decision under
subsection (1) —
(a) the
way in which the scheme was entered into 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 and the length of the period during which the
scheme was, or is to be, carried out;
(d) any
change to a person’s financial position, or any other consequence, that
has resulted, will result or may reasonably be expected to result from the
scheme having been entered into or carried out;
(e) the
nature of the connection, whether of a business, family or other nature,
between the person that has entered into or carried out the scheme and any
person mentioned in paragraph (d);
(f) the
circumstances surrounding the scheme.