Duties Act 2001

This chapter applies if—

an entity (the avoider) has obtained, or would apart from this chapter obtain, a duty benefit from a scheme started to be carried out after the commencement of this chapter; and

taking into account the matters mentioned in section 435, it is reasonable to conclude that an entity, whether alone or with others, that entered into or carried out the scheme, or part of the scheme, did so for the sole or dominant purpose of enabling the entity or another entity to obtain a duty benefit from the scheme.

It does not matter—

whether the scheme, or any part of the scheme is entered into or carried out inside or outside Queensland; or

whether or not the duty benefit the entity obtained is the same kind of duty benefit mentioned in subsection (1)(a).

However, despite subsection (1), this chapter does not apply in relation to a duty benefit that is attributable to an exemption or concession under this Act for duty, unless an entity entered into or carried out a scheme or part of a scheme for the sole or dominant purpose of creating a circumstance or state of affairs to which the exemption or concession would apply.

For this section, for deciding what was an entity’s sole or dominant purpose for entering into or carrying out a scheme or part of a scheme, any purpose relating to eliminating, reducing or postponing a liability for a foreign tax is to be disregarded.

In this section—foreign tax means a tax, duty or other impost imposed under a law of another State, the Commonwealth or a jurisdiction outside Australia.