A Part IVA that goes the Other Way? The Rule against Double Taxation

Loopholes for avoiding tax have traditionally been recognised as flaws in our income tax legislation. Less recognised is the fact that the ever-increasing complexity of Australia’s tax legislation also creates “reverse loopholes” – unintended instances of double taxation. The existence of Part IVA greatly discourages taxpayers from exploiting loopholes, but there is no comprehensive rule stopping the Revenue from benefitting from double taxation. This also contrasts with the international tax system, which has as a key principle the reduction of double taxation. This paper describes the existing, piecemeal approaches to domestic double taxation taken by the legislature and the courts and advocates for a more comprehensive and simple legislative rule preventing double taxation