DESCRIPTION
The taxpayer establishes an offshore structure, or uses an existing structure, in a tax haven or country with bank secrecy with the assistance of a promoter. The promoter may provide a 'paper trail' of documents designed to conceal the true nature of the transactions and the taxpayer's interest in the offshore structure. 2. The offshore structure may include one or a combination of the following types of entity, which are promoted on the basis of not being subject to attribution under Australia's anti-deferral regimes: a) An offshore trust, including bare, blind or discretionary trusts; b) An offshore company, including tax haven entities known as international business companies; c) Another type of entity, including Anstalts or Stichtings. 3. The taxpayer claims to provide goods or services to a third party. This occurs through a re-invoicing arrangement via the offshore structure. 4. A typical re-invoicing arrangement involves: a) An agreement for the taxpayer to provide goods or services to the offshore structure at a price substantially below market value; b) An agreement for the offshore structure to provide the same goods or services to a third party at market value. 5. The taxpayer declares income from the claimed provision of goods or services. The income is lower than would be derived if the goods or services were provided at market value directly to a third party. 6. The offshore structure accumulates the profits on the price differential. 7. The taxpayer may access these profits, often in a disguised form. 8. The taxpayer does not disclose their involvement with the offshore structure and does not pay Australian tax on the profits accumulated in the offshore structure or when they access those profits. 9. In some arrangements, the documentation supporting the above transactions is absent, incomplete or falsified and the valuations used may be highly questionable. In addition, such documents do not disclose the Australian resident's interest in, or involvement with, the offshore structure.