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Thin capitalisation : a critical review.

Publication date: 01 Jun 91 | Source: "AUSTRALIAN TAX FORUM" JOURNAL ARTICLE

Issue: Vol 8 No 2 1991

Pages: pp.181-216


The object of this paper is to:

- explore the various policy alternatives that were available to the Government in setting a policy aimed at eliminating the perceived inequities attributable to thin capitalisation (including a summary of policy adopted by other countries);

- review of the application of Div. 16F of the ITAA 1936;

- demonstrate that in enacting Div. 16F the Government did not adopt the optimum policy - being a fair, equitable and easily administered policy that eliminated perceived tax minimisation practices, but did not deter investment in Australia.

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Author profile

Sue Williamson CTA-Life
Sue leads EY's Melbourne Tax Controversy practice. She has acted in various AAT, Federal Court, High Court and Supreme Court cases relating to various Commonwealth and state taxes, and has advised clients on a broad range of taxation issues including income tax, GST and PRRT. Sue is also an accredited mediator and has assisted clients in resolving disputes using various alternative dispute resolution mechanisms. Sue is a member of the ATO Dispute Resolution Committee and is a former president of The Tax Institute. - Current at
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