At its essence, TOFA attempts to systematically align the tax treatment of financial arrangements towards their economic substance rather than their legal form.
This presentation examines:
- how do the economic substance provisions work in practice?
 - when does the economic substance approach not apply in practice, i.e. what might be the limits of this economic substance approach?
 
Issues considered include:
- economic substance under accounting principles
 - interactions with other parts of the Act that impose non-economic substance-based approaches
 - impact of tax character on substance-based analyses
 - deliberate design features in Div 230 that move away from economic substance
 - consideration of the synthetic disposal and non-disposal rules.