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Section 8-1: Making certain that you receive what you are entitled to paper


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 have been interpreted and applied by the ATO and by the Courts since 1997 including consideration of:

  • general deductibility - what has happened since 1997?
  • demarcation or boundary issues with the remainder of the legislation
  • timing of deductibility issues
  • purpose and when it becomes relevant
  • how does all this fit with the Consolidation Regime?

Author profile

Allan Blaikie CTA
Allan Blaikie FTIA is based in Sydney and is the Head of Clayton Utz’s National Taxation Team. With 35 years experience (including over a decade as a chartered accountant), Allan has advised extensively on a broad range of taxation matters. His clients include both Australian and international companies and organisations. He has presented numerous papers on taxation matters, both here and overseas. He has been involved in the conduct of Part IVA appeals as well as in appearances before the Part IVA Panel - Current at 06 May 2009
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This was presented at 21st National Convention: Beyond the Sea .

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Individual sessions

Section 8-1: Making certain that you receive what you are entitled to

Author(s):  Allan W BLAIKIE

Materials from this session:

Non-resident beneficiaries - income tax

Author(s):  Terry MURPHY

Materials from this session:

The major continuing compliance issues for ATO on Consolidations

Author(s):  Peter COAKLEY

Materials from this session:

The current imputation system - Traps and opportunities

Author(s):  Jane MADDEN

Materials from this session:

CGT - old chestnuts and emerging issues

Author(s):  Gordon S COOPER

Materials from this session:

Further details about this event:


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