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Understanding the New Part IVA

Published on 25 Mar 2013 | Took place at Ashurst, Brisbane, QLD

    The "new" Part IVA is proposed to introduce a "tax effects" element - this seminar discussed what it might mean for the application of Part IVA going forward. All transactions on or after 16 November 2012 will need to address the impact.

Individual sessions

Understanding the new Part IVA

Author(s):  William (Bill) D THOMPSON

This paper covers:

  • development of jurisprudence on Part IVA
  • dominant purpose
  • changes to the 'Reasonable Expectation Test' 
  • framing and proving the alternative postulate
  • exclusion of Assessable Income Tax Benefit - The 'Do Nothing' Alternative Postulate 
  • allowable Deduction Tax Benefit – Alternative Postulate 
  • the Commissioner's Grievances with the Alternative Postulate
  • policy
  • basis of amendment to 'reasonable expectation test'
  • Assistant Treasurer’s Announcement - November 2012 and 2013 Amendments
  • Government’s concerns and policy response 
  • key amendments and concepts contained in the 2013 Bill.
Materials from this session: