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The ATO’s 100A draft ruling on trusts has turned the logic of “tax avoidance” on its head and may be fundamentally flawed, according to tax law specialist Ron Jorgensen.
The Thomson Geer specialist said the draft shifted the onus onto taxpayers to show an arrangement was “ordinary family or commercial dealing” rather than follow the landmark case of FCT v Newton, in which the definition works the other way around.
Read more at Accountants Daily