Application of the anonymous version of Determination S13

Question

We have received a query concerning the anonymous version of Determination S13 (as published in the Gazette on 20 July 1999) and whether it applies to a particular taxpayer.  The correspondent also queried whether the methodology specified in the Determination was correct for all situations to which it applied.

Conclusion

The anonymous version of the Determination does not apply to anyone as such.  As stated in the published version:

The following is an anonymous version of a determination made for a particular applicant who is, or intends to be, a party to the relevant financial arrangement.  It is not the determination nor a determination, merely an anonymous version of the actual determination.

Accordingly, the anonymous version does not itself apply to any taxpayers.  During the course of dealing with the query, we have contacted the agent of the taxpayers that applied for the actual Determination.  The agent advised that the taxpayers did not proceed with the arrangement as described in the Determination.  Accordingly, Determination S13 does not apply to anyone either.

It is also noted that on reviewing the methodology in the Determination S13 as a result of the query, the Commissioner no longer considers that the methodology in the Determination S13 is correct in all respects.