Income Tax Act 2007 section 757

Person obtaining gain

Section 757 identifies who is treated as the person obtaining a gain in connection with land transactions that fall within the anti-avoidance provisions.

• The person obtaining the gain may be the person who carries out the land transaction, or any person connected with it who benefits from the arrangement.
• A gain can be attributed to a person whether they receive it directly or indirectly, including through nominees, associates, or connected parties.
• Where multiple transactions are involved, they may be treated as forming a single arrangement or scheme for the purpose of identifying who has obtained a gain.
• A series of separate transactions can be regarded as one scheme even if they take place at different times or involve different parties, provided they are linked in purpose or effect.