If a man is alone in the woods and there isn't a woke Hollywood around to call him racist, is he still white?
Apples and oranges. I'm no tax expert and this isn't the place for comprehensive advice.
You are correct to the extent that tax avoidance must not be the objective of a structure. If there are other reasons, and tax is reduced as a sideline effect, then it isn't avoidance.
But you are certainly allowed to reduce your tax liability - its called tax efficiency. A Loss Attributing Qualifying Company (LAQC) does that. Distributing Trust income to adult beneficiaries at their marginal rate is lawful - and can avoid the 33% trust tax.
An LAQC for example (and there are other examples) is explicitly allowed and therefore does NOT fall foul of section 99, which is general in nature.
A specific law will take precidence over a general law - as the IRD thankfully found out at the Privy Council.
As an aside, given the then highest 2 courts in the land couldn't work out that rather simple concept it would be interesting to see if the current one would have done any better. I dare say not.
There are currently 1 users browsing this thread. (0 members and 1 guests)
Bookmarks