Published on 06 Apr 06
by NATIONAL EVENTS, TAXATION INSTITUTE OF AUSTRALIA
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?
Allan formerly headed up the Clayton Utz National Taxation Team. With over 40 years’ experience including over a decade as a Chartered Accountant, Allan advises leading Australian and international companies and high net worth individuals on a broad range of international and domestic tax matters. Allan has been involved in the successful conduct of several landmark Australian tax cases particularly in the area of tax treaty interpretation. He has also led large multi-disciplinary teams in the conduct of Australian and international tax audits and reviews. Allan also provides oversight on large taxation engagements undertaken by corporate tax departments, auditors etc. His practice also extends to undertaking sensitive matters for governments and government authorities in the area of taxation.
- Current at
04 January 2018