The ATO on Wed 7.5.2014, issued a Decision Impact Statement on the Full Federal Court’s decision in FCT v Ludekens [2013] FCAFC 100. The Full Court had unanimously allowed the Commissioner’s appeal and held that 2 persons were “scheme promoters” in terms of Div 290 of the TAA and therefore were liable for civil penalties. The High Court had refused the 2 individuals special leave to appeal against the decision. The ATO said the views of the Full Court about the operation of ss 290-60 and 290-65 were consistent with the Commissioner’s submissions to the Court.
The ATO said it also respectfully accepted the views of both Middleton J and the Full Court about why neither individual had contravened s 290-50(2).
[LTN 85, 7/5/14]