Commissioner of Taxation v Rowntree [2020] FCA 1322

TAXATION – Whether each respondent engaged in conduct that resulted in him or another entity being a promoter of a tax exploitation scheme in each of 4 tax years in contravention of s 290-50(1) of Sch 1 to the Taxation Administration Act 1953 (Cth) – where scheme involved investor paying 15% non-refundable deposit for not presently existing carbon or REDD credits that vendor had no existing source for or obligation to supply in the future – where investor under scheme claimed tax deduction of full price in year of entry into purchase contract – whether each respondent promoter of tax exploitation scheme within meaning of ss 290-60(1) and 290-65 – whether entity had substantial role in respect of marketing or promotion of tax exploitation scheme within meaning of s 290-60(1)(c) – whether investor’s sole or dominant purpose for entering into scheme was to get a scheme benefit that was not reasonably arguably available at law within meaning of ss 284-15, 284-150 and 290-65 – whether schemes involved tax evasion within meaning of s 290-55(6) so that 4 year limitation period did not apply

Full decision here