Full Federal Court sides with Minerva in Part IVA decision

As detailed by Keith Swan, Kristie Schubert and Alice Chow, the decision provides a useful summary of the principles to be applied in considering the application of the general anti-avoidance provision in Part IVA.

The Full Federal Court (Besanko, Colvin and Hespe JJ) handed down its appeal decision in Minerva Financial Group Pty Ltd v Commissioner of Taxation [2024] FCAFC 28 (Minerva) on 8 March 2024. The decision provides a useful summary of the principles to be applied in considering the application of the general anti-avoidance provision in Part IVA. See related article: Part IVA decision on stapled structure arrangement The conclusion that Part IVA ought not to apply to the exercise of a truste...

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Authors: Keith Swan, Kristie Schubert,

Published Date: 15 March 2024