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Case-law developments in section 8-1 paper

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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
Photo of author, Michael CLOUGH Michael Clough, FTI, is a Partner at King & Wood Mallesons and has over 35 years experience advising Australian and foreign-owned clients on tax issues which arise in the capital and debt markets, corporate transactions and resources and infrastructure sectors.On behalf of his clients, Michael has helped resolve many disputes with the ATO and also conducted numerous tax appeals and other related proceedings in the state, Federal and High courts and tribunals. - Current at 05 May 2018
Click here to expand/collapse more articles by Michael CLOUGH.
Ged O’SHAUGHNESSY
Ged works for Mallesons Stephen Jaques.
Current at 5 July 2009

 

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