CC (New South Wales) Pty Ltd v FC of T: part IVA can apply to loss trusts

Abstract

This article examines the way in which the general anti-avoidance provisions in Pt IVA of the Income Tax Assessment Act 1936 might apply to schemes entered into to take advantage of a deduction available to a trust for tax losses of earlier income years. The article refers to two decisions of the High Court in which fundamental principles were established on the application of the provisions of Pt IVA, and discusses how these principles can apply to such schemes. A major focus of the article is the recent Federal Court decision in CC (New South Wales) Ply Ltd v FC of T 97 ATC 4123. While the Federal Court decision confirms that Pt IVA can apply to schemes involving a loss trust, at least where assessable income is diverted to a trust to take advantage of its past year tax losses, the article concludes that the decision is unlikely to be of wide application to trafficking in loss trusts more generally.