High Court of Australia

Commissioner of Taxation v Hart [2004] HCA 26

217 CLR 216; 78 ALJR 875; 206 ALR 207

27 May 2004

Case Number: S159/2003

Before

Gleeson CJ, McHugh, Gummow, Hayne, Callinan JJ

Catchwords

Income tax – Avoidance of tax - Tax benefit under Income Tax Assessment Act 1936 (Cth) - Whether scheme entered into for the dominant purpose of obtaining a tax benefit - Meaning of "scheme" - Split loan facility - Where money borrowed in part to purchase a principal place of residence and in part to refinance investment property used to produce assessable income - Where expenditure in relation to producing assessable income deductible - Where repayments on loan applied solely in satisfaction of that part of the loan not used to produce assessable income.

Words and phrases – "scheme".

Income Tax Assessment Act 1936 (Cth) – ss 177A, 177C, 177D, 177F.

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