A T O home
Legal Database
Search   
for 
 
Access the database 
Browse database
Searches  
View last document
Quick access 
View legislation
View a document
Email Cross Reference Material Previous/Next Section Contents Previous/Next Result
Printable version
Printable
version

INCOME TAX ASSESSMENT ACT 1936

PART IVA - SCHEMES TO REDUCE INCOME TAX    View history reference

SECTION 177CB  THE BASES FOR IDENTIFYING TAX BENEFITS  

 View history reference

177CB(1)  

This section applies to deciding, under section 177C, whether any of the following (tax effects) would have occurred, or might reasonably be expected to have occurred, if a scheme had not been entered into or carried out:


(a) an amount being included in the assessable income of the taxpayer;


(b) the whole or a part of a deduction not being allowable to the taxpayer;


(c) the whole or a part of a capital loss not being incurred by the taxpayer;


(ca) (Repealed by No 96 of 2014)
 View history reference


(d) the whole or a part of a foreign income tax offset not being allowable to the taxpayer;


(daa) the whole or a part of an innovation tax offset not being allowable to the taxpayer;
 View history reference


(da) the whole or a part of an exploration credit not being issued to the taxpayer;
 View history reference


(e) the taxpayer being liable to pay withholding tax on an amount.

[CCH Note: S 177CB(1) will be amended by No 21 of 2015, s 3 and Sch 6 item 46, by repealing para (da), effective 1 July 2020. For savings provisions, see note under s 177C(3).]

177CB(2)  

A decision that a tax effect would have occurred if the scheme had not been entered into or carried out must be based on a postulate that comprises only the events or circumstances that actually happened or existed (other than those that form part of the scheme).

177CB(3)  

A decision that a tax effect might reasonably be expected to have occurred if the scheme had not been entered into or carried out must be based on a postulate that is a reasonable alternative to entering into or carrying out the scheme.

177CB(4)  

In determining for the purposes of subsection (3) whether a postulate is such a reasonable alternative:


(a) have particular regard to:


(i) the substance of the scheme; and

(ii) any result or consequence for the taxpayer that is or would be achieved by the scheme (other than a result in relation to the operation of this Act); but


(b) disregard any result in relation to the operation of this Act that would be achieved by the postulate for any person (whether or not a party to the scheme).

177CB(5)  

 View history reference
Subsection (4) applies in relation to the scheme as if references in that subsection to the operation of this Act included references to the operation of any foreign law relating to taxation:


(a) if this Part applies to the scheme because of section 177DA or 177J; or
 View history reference


(b) for the purposes of determining whether this Part applies to the scheme because of section 177DA or 177J.
 View history reference


 



This information is provided by CCH Australia Limited. View the disclaimer and notice of copyright.
Top of page
More information on page