Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_7:p3
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 3/6)
Character Range: 1308791–1311537

or of a fund that is treated as a self managed superannuation fund under subsection 10(4) of the Superannuation Industry (Supervision) Act 1993:
 (a) is liable to an administrative penalty under subsection 284‑75(1) or (4); and
 (b) is a body corporate.
 (2) The directors of the body corporate at the time it becomes liable to the penalty are jointly and severally liable to pay the amount of the *tax‑related liability in respect of the penalty.
Note: See section 265‑45 for rules on joint liability.

Subdivision 284‑C—Penalties relating to schemes

Guide to Subdivision 284‑C

284‑140  What this Subdivision is about

      You are liable to an administrative penalty if you attempt to reduce your tax‑related liabilities or increase your credits through a scheme.
      This Subdivision sets out when the penalties apply and how the amounts of the penalties are calculated.

Table of sections

Operative provisions
284‑145 Liability to penalty
284‑150 Scheme benefits and scheme shortfall amounts
284‑155 Amount of penalty
284‑160 Base penalty amount: schemes
284‑165 Exception—threshold for penalty arising from cross‑border transfer pricing

Operative provisions

284‑145  Liability to penalty
 (1) You are liable to an administrative penalty if:
 (a) you would, apart from a provision of a *taxation law or action taken under such a provision (the adjustment provision), get a *scheme benefit from a *scheme; and
 (b) having regard to any relevant matters, it is reasonable to conclude that:
 (i) an entity that (alone or with others) entered into or carried out the scheme, or part of it, did so with the sole or dominant purpose of that entity or another entity getting a scheme benefit from the scheme; or
 (ia) for a scheme to which Part IVA of the Income Tax Assessment Act 1936 applies because of section 177DA of that Act—an entity that (alone or with others) entered into or carried out the scheme, or part of it, did so for a principal purpose of, or for more than one principal purpose that includes a purpose of, that entity or another entity getting a scheme benefit from the scheme; or
 (ii) for a scheme referred to in Division 165 of the *GST Act or Division 75 of the Fuel Tax Act 2006—the principal effect of the scheme, or of part of the scheme, is that you would, apart from the adjustment provision, get the scheme benefit from the scheme directly or indirectly.
 (2A) You are also liable to an administrative penalty if:
 (a) you would, apart from a determination under section 815‑30 of the Income Tax Assessment Act 1997 (also the adjustment provision), get a *scheme benefit from a *scheme; and
 (b) neither subparagraph (1)(b)(i) nor subparagraph (1)(b)(ia) is satisfied for the scheme.
 (2B) You are also liable