4BTax avoidance schemes

4B Tax avoidance schemes (1) In this section: scheme includes: (a) an agreement, arrangement or undertaking: (i) in whatever form; and (ii) wherever entered into, made or given; and (iii) whether unilateral, bilateral or multilateral; and

Stamp Duty Act 1978 16 (iv) whether enforceable or not; and (b) an act done or omitted to be done, or a course of conduct carried out or not or engaged in or not, by any person whomever in any place wherever. (2) A tax avoidance scheme is a scheme of which a purpose (collateral or otherwise) is, in the Commissioner's opinion: (a) to avoid or reduce the duty that would be payable, apart from the scheme, under this Act; or (b) to obtain the benefit of an exemption or concession from duty that would not be available apart from the scheme. (3) In considering whether a scheme is a tax avoidance scheme, the Commissioner may have regard to any matter whatever that the Commissioner thinks is relevant.