A disconcerting decision
Publication date: 01 Jul 08
Source: "TAXATION IN AUSTRALIA" JOURNAL ARTICLE
Abstract:
For the first time since the introduction of Div 152 ITAA97, specific judicial consideration has been given to the definition of “affiliate” in the small business CGT context. The result casts doubt on the question of when two persons are “acting in concert”, with potentially wide-reaching consequences for small business taxpayers. Jeffrey Chang, Special Counsel with Riordans Lawyers, examines the decision in Stephens v Commissioner of Taxation [2008] AATA 176.
Author profile:
Jeffrey Chang CTAJeffrey is a Senior Associate at Thomsons Lawyers, where he advises on a wide range of taxation, structuring and superannuation issues with a focus on privately-held businesses and high wealth family groups. He is a member of a variety of Taxation Institute committees including the superannuation education subcommittee. Jeffrey is the author of numerous tax articles published in professional journals, and a regular presenter at Taxation Institute seminars.
Current at 16 August 2011
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