CG40246 - Capital loss anti-avoidance rule: Tax advantage - choice of commercial options

It will be relevant to draw a comparison in order to consider whether, in the absenceof the tax considerations:

  • the transaction giving rise to the advantage would have taken place at all;
  • if so, whether the tax advantage would have been of the same amount; and
  • whether the transaction would have been made under the same terms and conditions.