101What is a tax avoidance scheme?

101 What is a tax avoidance scheme? (1) For the purposes of this Division, a ***tax avoidance scheme*** is a scheme— (a) under or in connection with which a person has obtained a reduction in, or exemption from, land tax; and (b) in respect of which, having regard to any one or more of the matters referred to in subsection (2), it would be concluded that a person, or one of the persons, who participated in the scheme did so for the purpose of enabling a person to obtain a reduction in, or exemption from, land tax under or in connection with the scheme. (2) The factors that may be considered for the purposes of subsection (1)(b) are— (a) the manner in which the scheme was entered into or carried out; (b) the form and substance of the scheme; (c) the time at which the scheme was entered into and the length of the period during which the scheme was carried out; (d) the result in relation to the operation of this Division that, but for section 102, would have been achieved by the scheme; (e) any change in the financial position of any person that has resulted, will result or may reasonably be expected to result from the scheme; (f) any other consequence for the person, or for any other person referred to in paragraph (e), of the scheme having been entered into and carried out; (g) the nature of any connection (whether of a business, family or other nature) between the person and any other person referred to in paragraph (e). (3) A reference in subsection (1) to a scheme being carried out by a person for a particular purpose includes a reference to the scheme being entered into or carried out by the person for 2 or more purposes of which that particular purpose is the main purpose. (4) This section applies to a scheme— (a) whenever entered into; and (b) whether the scheme has been or is entered into or carried out in or outside Victoria or partly in and partly outside Victoria. ***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; or (b) a plan, proposal, action, course of action or course of conduct, whether or not unilateral; or (c) a trust.