Australian Capital Territory Numbered Acts

REVENUE LEGISLATION AMENDMENT ACT 2015 (NO. 49 OF 2015) - SECT 14

substitute

"scheme" includes—

        (a)     any plan, action or conduct of a person; and

        (b)     any trust, agreement, arrangement or other understanding between people, whether oral or in writing, whether express or implied and whether or not it is intended to be legally binding; and

        (c)     any series or combination of schemes mentioned in paragraphs (a) and (b).

"tax avoidance scheme" means a scheme by which a person obtains or seeks to obtain a reduction in, or exemption from, tax that would otherwise be payable and where it would be reasonable to conclude that the person entered into or carried out the scheme principally for the purpose of obtaining the reduction or exemption, having regard to—

        (a)     the way in which the scheme was entered into or carried out; or

        (b)     the form and substance of the scheme; or

        (c)     the time when the scheme was entered into and the length of time during which it was carried out; or

        (d)     the extent to which the scheme reduces the tax that would be otherwise payable; or

        (e)     whether the scheme has resulted in, or can reasonably be expected to result in, a change in any person's financial position, or in any other consequence for any person; or

        (f)     the nature of any connection (whether of a business, family or any other nature) between the person and a person mentioned in paragraph (e).

Part 3     First Home Owner Grant Act 2000