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Characterising receipts and outgoings convention paper

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?

Author profile

Jennifer Batrouney QC CTA
Jennifer Batrouney, QC, CTA, Jennifer is a silk at the Victorian Bar practising in taxation, commercial, administrative, equity, superannuation and charity law. She was appointed a QC in 2000. She is President of the Australian Bar Association and Immediate Past President of the Victorian Bar and of the Tax Bar Association. She was elected to the Victorian Legal Services Board in 2018 and sits on the Victorian Legal Admissions Board committee. She Chairs the Law Council of Australia Charity Law Committee and is a director of the Charity Law Association of Australia and New Zealand. She sits on the Melbourne Law School Advisory Council and Tax Masters Advisory Board. She is also a Senior Fellow at the Melbourne Law School teaching tax and charity law in the Melbourne Law Masters Jennifer was the President of Australian Women Lawyers in 2003-2004 and was awarded the Law Institute of Victoria’s “Mentor of the Year” in 2014. - Current at 12 February 2019
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This was presented at VICTORIAN/TASMANIAN STATE CONVENTION: TAX - A BALANCING ACT .

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Characterising receipts and outgoings

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