A disconcerting decision

Taxation in Australia | 1 Jul 08

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Publication date: 01 Jul 08


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 CTA
Jeffrey is a Senior Associate at Thomson Geer 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 has previously held a variety of Taxation Institute education committee roles and is presently a member of the Victorian State Council. Jeffrey is the author of numerous tax articles published in professional journals, and a regular presenter at Taxation Institute seminars.
Current at 14 April 2014
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