Losing my Losses: Are the loss restriction rules applying to Australia's tax transparent companies adequate?

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Abstract: It has been argued that the Australian government prefers an entity tax approach for business forms providing member(s) with limited liability and separate entity status. This contrasts a number of foreign jurisdictions that have provided tax transparency to such business forms (‘tax transparent companies’), with income and/or losses directly allocated to members for tax purposes. Examples of foreign tax transparent companies include S Corporations and Limited Liability Companies in the United States, Limited Liability Partnerships in the United Kingdom; and Loss Attributing Qualifying Companies and new limited partnerships in New Zealand.

Author profile: Brett FREUDENBERG
Brett is a Senior Tax Lecturer at Griffith Business School, Griffith University.
Current at July 2008