Mylan Australia Holding Pty Ltd v FCT (No 2) – Part IVA did not apply to intra-group funding arrangement – ‘tax benefit’ under counterfactual but not the ‘dominant purpose’
The head of a tax consolidated group has successfully argued that schemes to fund the acquisition, by a member of the group, of shares in an unrelated company, were not entered into or carried out for the dominant purpose of the taxpayer obtaining a tax benefit. The facts were these. The taxpayer is the head…