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Case-law developments in section 8-1 paper
Published on 10 Oct 09 by VICTORIAN DIVISION, THE TAX INSTITUTE
In the past year there have been some potentially landmark developments in the interpretation of section 8-1 of the Income Tax Assessment Act 1997 (C'th). This paper analyses the implications of recent decisions in Malouf, Day, Spriggs & Riddell, St George and others and answers:
- whether there are any new principles emerging?
- is there a new test to satisfy the positive limb?
- has the capital exclusion been expanded?
- how wide should the factual survey be to provide a context for the outgoing?
- what are the trends and likely appeal outcomes?
Author profiles
Michael Clough FTI

Ged O’SHAUGHNESSY
Ged works for Mallesons Stephen Jaques.Current at 5 July 2009