It's not black and white, but if you sell a stock at a loss at say $1 on 30/6 and buy it back for $1 on 1/7, it's pretty obvious you didn't want to get rid of the stock, but wanted the loss to reduce taxable income.
In its application the tax avoidance rules are very clear: if it's your intention to avoid tax, then it's illegal. The onus of proof is on the ATO, but do you really want to take on the ATO?
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