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Questions On The Tax Avoidance Essay

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2.2 Tax Avoidance
2.2.1 Issue
The second step of subpart BG 1 is to ascertain the tax avoidance action and the Parliamentary contemplation test which sourced from the Ben Nevis case and established by the Supreme Court is used as the main text to determine whether the tax avoidance occurs in an arrangement. According to the state in the case of Ben Nevis, the emphasis in the arrangement is the way of using provisions whether it complies with the parliament’s purpose by through a commercially and economically realistic way. Therefore, for the Parliamentary contemplation test, there are two main aspects should be considered which are the parliament’s purpose for the relevant provisions and the commercial reality and economic effects of the arrangement.

2.2.2 Law
Subpart YA 1, the definition of tax avoidance, of the Income Tax Act 2007.
The employment relationship tests of the Interpretation Guideline.
Subpart DA 1 of the Income Tax Act 2007.
Subpart BC 4 of the Income Tax Act 2007.

2.2.3 Application
According to the definition of tax avoidance from subpart YA 1 of the Income Tax Act 2007, the meaning of tax avoidance has three aspects which are directly or indirectly change the scope of the income tax, the liability of the income tax which a person should pay in this year or the future years is directly or indirectly reduced, directly or indirectly avoiding, delaying, or reducing any liability to income tax or any potential or prospective liability to future income tax.

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