69BWhat is a tax avoidance scheme?

69B What is a tax avoidance scheme? (1) For the purposes of this Part, a ***tax avoidance scheme*** is a scheme that directly or indirectly— (a) has tax avoidance as its purpose or effect; or (b) has tax avoidance as one of its purposes or effects, if the purpose or effect of tax avoidance is not merely incidental to another purpose or effect of the scheme— whether the scheme had that effect at the time that it was entered into, or only subsequently. S. 69B(1A) inserted by No. 16/2024 s. 38. (1A) To avoid doubt, a tax avoidance scheme includes a scheme under which an entry transaction is entered into in respect of land for the purpose of tax avoidance on subsequent dutiable transactions in respect of the land. ***scheme*** includes the whole or any part of— (a) a contract, agreement, arrangement, understanding, promise or undertaking (including all steps and transactions by which it is carried into effect)— (i) whether made or entered into orally or in writing; (ii) whether express or implied; (iii) whether or not enforceable; (b) a plan, proposal, action, course of action or course of conduct, whether or not unilateral; (c) a trust; ***tax avoidance*** means— (a) an elimination or reduction in the liability of a person for duty under this Chapter; (b) a postponement in the liability of a person to pay duty under this Chapter. S. 69C inserted by No. 46/2004 s. 11.