ARTICLE · 10 JUNE 2002

Whither Tax Planning

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AustraliaTax

Anton Joseph

"Every man is entitled if he can to order his affairs so that the tax attaching under the appropriate Act is less than it otherwise would be."

per Lord Tomlin in IRC v. Duke of Westminster¹

In recent times in Australia, the sentiments expressed in the above dictum of Lord Tomlin have undergone relentless assault and may even be said that is awaiting the coup de grace in the not too distant future. It appears that the pendulum has swung against tax planning and has sadly lost its momentum to swing back.

A series of successes scored by the Australian taxation Office in the Courts, not only in establishing avoidance by the taxpayers but also in excluding the application of legal professional privilege in a recent related case is a significant pointer to an uncertain future for tax planning in Australia.

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