Published on 24 May 07
by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE
Section 51 has been one of the most litigated provisions of our tax legislation. In 1997 it was replaced by section 8-1. This paper covers how these provisions been interpreted and applied by the ATO and by the Courts since 1997 including consideration of:
- general deductability - what has happened since 1997?
- demarcation or boundary issues with the remainder of the legislation
- timing of deductability issues
- purpose and when it becomes relevant
- how does all this fit with the consolidation regime?
Mark Friezer is a taxation partner at Clayton Utz. He advises on income tax law, focusing on finance, corporate tax and international tax. He has an extensive understanding of business tax reform from his participation in various government consolidation committees. Mark is the 2013 National Chairman of the Law Council of Australia Tax Committee and also a member of the National Tax Liaison Group (NTLG), and is on the Advisory Panel for the Board of Taxation.
- Current at
27 June 2012