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The same old same old: Corporate residency after RITA


The paper explores the adequacy law of residency of companies in s 6(1) of the Income Tax Assessment Act 1936. The paper concludes that the definitions are inadequate when judged against the tax policy objectives of simplicity and the prevention of tax avoidance. The 2002 Review of International Taxation Arrangements (RITA) has done little to alter this view. However, the paper concludes that although there is scope to modify the law within the jurisdictional framework so that it more closely meets the tax policy objectives, ultimately the reform solution lies with a new, clear articulation of Australia’s jurisdictional claim based upon robust tax policy objectives.

Author profile

Prof Michael Dirkis CTA
Michael is Professor of Taxation Law at the University of Sydney. He has a PhD on Australian international taxation and is a noted researcher, having authored Is it Australia's? Residency and Source Analysed (2005, Australian Tax Research Foundation), as well as authoring and co-authoring over 590 publications and papers. From May 1999 until October 2009 he was, as Senior Tax Counsel for the Taxation Institute, in the forefront of the all major tax reform and taxation administration reforms. He continues his involvement as a member of the Treasury's Tax Treaties Advisory Panel and the Education Committee of the Tax Practitioners Board. He was awarded the Australasian Tax Teachers Association's Graham Hill medal in recognition of his "outstanding contribution to the teaching of taxation law and policy" on 21 January 2010. - Current at 29 October 2012
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