Document ID: chunk:federal_register_of_legislation:C2016C00969:section:3:p3
Version: federal_register_of_legislation:C2016C00969
Segment Type: section
Provision Reference: s 3 (pt 3/4)
Character Range: 7579–9994

means an amount that is a secondary taxable amount under section 6 in relation to an eligible beneficiaries class in which the person is, or the persons are, included.
taxable amount means a primary taxable amount, a secondary taxable amount, a company taxable amount or an elected taxable amount.
trust recoupment tax means tax assessed under this Act and imposed by the Trust Recoupment Tax Act 1985.
 (2) The reference in the definition of scheme in subsection (1) to a scheme, plan, proposal, action, course of action or course of conduct shall be read as including a reference to a unilateral scheme, plan, proposal, action, course of action or course of conduct, as the case may be.
 (3) In this Act, a reference to the time of entry into a scheme is a reference to:
 (a) if the scheme is a unilateral scheme—the time when the scheme is commenced to be carried out; and
 (b) in any other case—the time when the scheme is entered into.
 (4) For the purposes of this Act, a scheme shall be taken to be a tax avoidance scheme if and only if, having regard to:
 (a) the manner in which the scheme was entered into or carried out;
 (b) the form and substance of the scheme;
 (c) the time at which the scheme was entered into and the length of the period during which the scheme was carried out;
 (d) the result in relation to the operation of the Assessment Act that, but for section 100A and Part IVA of that Act, would be achieved by the scheme;
 (e) any change in the financial position of any person that has resulted, will result or may reasonably be expected to result from the scheme; and
 (f) any other consequence for any person of the scheme having been entered into or carried out;
it would be concluded that the person, or any of the persons, who entered into or carried out the scheme or any part of the scheme did so for the purpose of securing that a person or persons (whether or not a particular person or particular persons) who, if the scheme had not been entered into or carried out, would have been liable to pay income tax in respect of a year of income would not be liable to pay income tax in respect of that year of income or would be liable to pay less income tax in respect of that year of income than the person or persons would have been liable to pay if the scheme had not been entered into or carried out.
 (5) In subsection (4):
 (a) a reference to the carrying out of a scheme or a