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Income anti-avoidance and SMEs paper

Published on 18 Oct 12 by TASMANIAN DIVISION, THE TAX INSTITUTE

Significant legislative changes to Australia’s anti-avoidance provisions, in response to court decisions perceived by the regulator to have shown up shortcomings in the existing Part IVA, have led to significant uncertainty when it comes to structuring commercial transactions in a tax-effective manner, both large and small.

This paper focuses on the relevance of anti-avoidance rules to the affairs of SMEs and to ‘ordinary’ family dealings, including:

  • a brief look at the history of our anti-avoidance provisions, including recent decisions
  • a stocktake on the current state of play
  • the Commissioner’s stated approach to applying Part IVA to transactions typically undertaken by SMEs
  • a discussion on the practical implications for advisers.

Author profile

Karen Goodfellow CTA
Karen Goodfellow, CTA, is the owner and principal of Goodfellow Tax Advisory Pty Ltd, providing specialist tax consulting services and training to accountants, lawyers and other advisors to SMEs and family groups. She is an experienced tax professional with extensive experience in the tax advising and education (CPD/ CPE) space. As the founder and operator of two successful tax training businesses, Karen has detailed knowledge of Australia’s federal tax system. Karen’s extensive experience providing tax advice and training gives her an excellent understanding of the most pressing issues facing tax practitioners such as CGT roll-overs, the small business CGT concessions, the CGT main residence exemption, taxation of trusts and taxation of companies. - Current at 29 January 2026

 

This was presented at 2012 Tasmanian State Convention .

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