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Capital gains tax and damages - a reality check nine months after TR95/35


Damages may be subject to income tax or capital gains tax, though, without warranting a gross-up. This will be so if those taxes would be applied to the plaintiff in any event if the wrong had not occured, or the contract had been performed.

Author profile:

John is currently in his own tax practice in Melbourne, and is a Consultant to other firms including Freehills and lectures at Monash University as he negotiates the waiting lists that now apply to read at the Victorian Bar. John has practised in Tax Law for over 20 years having previously been a Partner at Phillips Fox, Blake Dawson Waldron and Freehills and may be remembered by some as a private sector representative on the Tax Law Improvement Project. His interest in Losses under the Consolidation regime came whilst preparing a manuscript for a book on this area. He has had articles published in the Institute's Tax Specialist journal and made educational videos and audio tapes on Losses.
Current at 27 November 2003
Click here to expand/collapse more articles by F. John MORGAN.

This was presented at 1996 Victorian State Convention.

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Individual sessions

Capital gains tax and damages

Author(s):  F. John MORGAN

Materials from this session:

The foreign exchage debate

Author(s):  Neil WARD

Materials from this session:

Debt Forgiveness

Author(s):  Emanuel HIOU

Materials from this session:

CGT : latest developments

Author(s):  Emanuel HIOU

Materials from this session:

The foreign exchange debate: some preliminary observations

Author(s):  John SMITH

Materials from this session:


Author(s):  Grant CATHRO

Materials from this session:

Goodwill - the "elusive compound"

Author(s):  Greg SOMMERS

Materials from this session:

ATO access guidelines/Taxpayers' Charter

Author(s):  John NICHOLLS

Materials from this session:

Practical aspects of trusts

Author(s):  Geoff COWAN

Materials from this session:

Is reform the solution?

Author(s):  Ian SPICER

Materials from this session:

Revelations I - annual update

Author(s):  Keith JAMES

Materials from this session:

Revelations II - annual update of other taxes

Author(s):  Ken FEHILY

Materials from this session:

Tax incentives - where to now?

Author(s):  Michael SELTH

Materials from this session:

Taxpayers' rights - Access/Charter

Author(s):  Bob BRYANT

Materials from this session:

Further details about this event:


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