Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_2:p12
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 12/13)
Character Range: 856550–859042

out the *scheme (or part of it); or
 (b) whether the entity that entered into or carried out the scheme (or part of it) did so alone or together with one or more others; or
 (c) whether the scheme (or any part of it) was entered into or carried out inside or outside Australia; or
 (d) whether or not the *tax benefit you got is of the same kind as a tax benefit mentioned in paragraph (1)(c).

Matters to be considered in determining purpose of scheme
 (3) In considering an entity's purpose in entering into or carrying out a *scheme (or part of one), have regard to these matters:
 (a) the manner in which the scheme or part was entered into or carried out;
 (b) the form and substance of the scheme, including:
 (i) the legal rights and obligations involved in the scheme; and
 (ii) the economic and commercial substance of the scheme;
 (c) the purposes and objects of this Part and of any relevant provisions of this Part (whether those purposes and objects are stated expressly or not);
 (d) the timing of the scheme;
 (e) the period over which the scheme was entered into and carried out;
 (f) the effect that this Act would have in relation to the scheme apart from this Subdivision;
 (g) any change in your financial position that has resulted from the scheme, or may reasonably be expected to result from it;
 (h) any change that has resulted from the scheme, or may reasonably be expected to result from it, in the financial position of an entity that has or had a connection or dealing with you, whether the connection or dealing is or was of a family, business or other nature;
 (i) any other consequence for you, or for such an entity, of the scheme having been entered into or carried out;
 (j) the nature of the connection between you and such an entity, including the question whether the dealing is or was at *arm's length.

GIC is payable on each of 2 or more tax benefits
 (4) If you get 2 or more *tax benefits from the *scheme, this section has a separate application to each of them.

45‑605  When do you get a tax benefit from a scheme?
 (1) This section describes how to work out whether you get a tax benefit from a *scheme and, if so, the amount of the tax benefit.
 (2) First, determine your actual *tax position for an income year (apart from this Subdivision).
 (3) Next, determine your *hypothetical tax position for the same income year (apart from this Subdivision).
 (4) Then compare each *component of the 2 positions. If the amount of that component of the