Published on 10 Sep 04
by VICTORIAN DIVISION, THE TAX INSTITUTE
The recent decision in Transurban City Link Ltd v C of T reinforces the fact that in order to determine whether a receipt or outgoing is of a revenue or capital nature you need to understand the true underlying character of the outgoing or receipt.
This paper explores the approach you need to take to ensure that you have correctly characterised a receipt or outgoing:
- can you assume that the label by which an item is referred to in a contract reflects its true character?
- interpreting contracts
- when are extraneous materials relevant?
- what do you do when the parties to the contract have a different understanding as to the character of outgoing or receipt?
- what do you do when third parties such as merchant bankers or the ATO have a different understanding as to the character of the outgoing or receipt?
Jennifer Batrouney QC QC CTA
Jennifer is a highly respected and sought-after advocate and adviser. She has had extensive experience in appearing before the High Court, the Federal Court and the superior State courts - mainly in revenue matters. Jennifer is President of the Tax Bar Association, and a director of the Law Council of Australia and the Australian Charity Law Association. She is a member of the Executive of the Victorian Bar Council and a member of the Melbourne Law School Advisory Council. Jennifer was a member of the Superannuation Complaints Tribunal in 2001-2003, the President of Australian Women Lawyers in 2003-2004 and was Deputy Chairman of the Board of Barristers' Clerking Services Pty Ltd (List A) from 2004 until 2007. She has sat on the Law Council of Australia's Tax Committee since 1991 and represents the Law Council on the Federal Court Users' Committee. Jennifer is also a consultant to the Federal Treasury in relation to the Tax Issues Entry System and was a member of the Advisory Panel to the Board of Taxation from 2010 to 2013. Current at 11 March 2015
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