Assistant Treasurer David Bradbury today released for public comment exposure draft legislation and explanatory material to protect the integrity of Australia's tax system by amending Part IVA of the income tax laws.
"The amendments will ensure that Part IVA can apply to taxpayers who enter into arrangements with the sole or dominant purpose of avoiding tax", said Mr Bradbury.
The exposure draft legislation and explanatory materials were prepared following consultation with a roundtable of independent experts — including representatives from tax and accounting bodies, legal academics and experts — and with the benefit of formal advice from senior barristers.
"I would like to thank the members of the roundtable for their constructive advice on the possible design options. The draft bill has benefitted substantially from their input."
The Assistant Treasurer confirmed that the draft amendments do not change the core operation of the 'purpose' test in Part IVA.
"The amendments focus on the definition of 'tax benefit'. They will not affect taxpayers unless they have obtained a tax advantage from an arrangement entered into with a relevant tax avoidance purpose."
To minimise any potential for taxpayers to obtain unintended tax advantages in the interim, the amendments will apply to arrangements that are entered into or commenced from today.
The amendments will apply from today rather than from the original date of announcement, in recognition of the unique role that Part IVA plays in the income tax laws and the additional time spent consulting with the roundtable and senior barristers.
The Government intends to introduce legislation into Parliament in the Autumn 2013 sittings.
The Government encourages comment and feedback on the exposure draft legislation as part of the consultation process and invites interested parties to provide their input.
The exposure draft legislation and explanatory material on the measure can be obtained from the Treasury website. Consultation will close on Wednesday, 19 December 2012.