Tax Avoidance Flashcards

1
Q

Under ___________(1) of the ITA 2007, a tax avoidance arrangement is void as against the Commissioner for income tax purposes.

A

Section BG 1

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2
Q

Under section BG 1(1) of the ITA 2007, a _____________ is void as against the Commissioner for income tax purposes.

A

tax avoidance arrangement

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3
Q

Under section BG 1(1) of the ITA 2007, a tax avoidance arrangement is ___________ as against the Commissioner for income tax purposes.

A

Void

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4
Q

Under section BG 1(1) of the ITA 2007, a tax avoidance arrangement is void _________________ for income tax purposes.

A

as against the Commissioner

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5
Q

Under section BG 1(1) of the ITA 2007, a tax avoidance arrangement is void ____________________.

A

for income tax purposes

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6
Q

Under section __________(2) of the ITA 2007, under Part G (Avoidance and non-market transactions), the Commissioner may counteract a tax advantage that a person has obtained from or under a tax avoidance arrangement.

A

BG 1

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7
Q

Under section BG 1(2) of the ITA 2007, __________ (Avoidance and non-market transactions), the Commissioner may counteract a tax advantage that a person has obtained from or under a tax avoidance arrangement.

A

under Part G

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8
Q

Under section BG 1(2) of the ITA 2007, under Part G (______________), the Commissioner may counteract a tax advantage that a person has obtained from or under a tax avoidance arrangement.

A

Avoidance and non-market transactions

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9
Q

Under section BG 1(2) of the ITA 2007, under Part G (Avoidance and non-market transactions), _____________________ counteract a tax advantage that a person has obtained from or under a tax avoidance arrangement.

A

the Commissioner may

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10
Q

Under section BG 1(2) of the ITA 2007, under Part G (Avoidance and non-market transactions), the Commissioner may _______________ that a person has obtained from or under a tax avoidance arrangement.

A

counteract a tax advantage

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11
Q

Under section BG 1(2) of the ITA 2007, under Part G (Avoidance and non-market transactions), ________________ that a person has obtained from or under a tax avoidance arrangement

A

the Commissioner may counteract a tax advantage

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12
Q

Under section BG 1(2) of the ITA 2007, under Part G (Avoidance and non-market transactions), the Commissioner may counteract a tax advantage that ______________ from or under a tax avoidance arrangement.

A

that a person has obtained

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13
Q

Under section BG 1(2) of the ITA 2007, under Part G (Avoidance and non-market transactions), the Commissioner may counteract a tax advantage that a person has obtained _______________________.

A

from or under a tax avoidance arrangement.

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14
Q

Under section BG 1(2) of the ITA 2007, under Part G (Avoidance and non-market transactions), the Commissioner may counteract a tax advantage __________________________.

A

that a person has obtained from or under a tax avoidance arrangement.

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15
Q

What is the 3-step process for identifying tax avoidance?
Step 1 – __________________________
Step 2 – Is there a more than merely incidental purpose or effect of tax avoidance;
Step 3 – If there is a non-incidental purpose or effect of tax avoidance consider what steps ought to be made to counteract the advantage.

A

Identify what constitutes the arrangement;

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16
Q

What is the 3-step process for identifying tax avoidance?
Step 1 – Identify what constitutes the arrangement;
Step 2 – ____________________________________;
Step 3 – If there is a non-incidental purpose or effect of tax avoidance consider what steps ought to be made to counteract the advantage.

A

Is there a more than merely incidental purpose or effect of tax avoidance;

17
Q

What is the 3-step process for identifying tax avoidance?
Step 1 – Identify what constitutes the arrangement;
Step 2 – Is there a more than merely incidental purpose or effect of tax avoidance;
Step 3 – _______________________________________________.

A

If there is a non-incidental purpose or effect of tax avoidance, consider what steps ought to be made to counteract the advantage

18
Q

In what case was the three-step process for identifying tax avoidance explicitly endorsed?
CIR v ________________ (2001)

A

BNZ Investments Limited

19
Q

Cases where the three step process concerning identifying tax avoidance has been explicitly applied include:-
_____________ v CIR (2009) and Ben Nevis Forestry v CIR
It was also evident in Glenharrow Investments Limited v CIR (2009)
Peterson

A

Peterson

20
Q

Cases where the three step process for identifying tax avoidance has been explicitly applied include:-
Peterson v CIR (2009) and ___________ Forestry v CIR
It was also evident in Glenharrow Investments Limited v CIR (2009)

A

Ben Nevis

21
Q

Cases where the three step process for identifying tax avoidance has been explicitly applied include:-
Peterson v CIR (2009) and Ben Nevis Forestry v CIR
It was also evident in ______________ Investments Limited v CIR (2009)

A

Glenharrow