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The ATO has published a Decision Impact Statement  in relation to the AAT decision in Mark Horner and FCT [2009] AATA 537; 2009 ATC 10-097. The case concerned whether the income of a company, which was attributable to the personal services of the applicant, was assessable to the applicant under s 86-15 of ITAA 97.

The taxpayer argued before the AAT that his personal services income could not be assessed to him under s 86-15 because s 86-10 imposed a threshold test that required there to be an overall reduction in income tax payable when the income was assessed to the company, as compared to when it was assessable to him. This submission was rejected by the AAT. The ATO says that the decision affirms the Commissioner's interpretation of Division 86 and confirms that no "threshold test" is contained in s 86-10 as contended by the taxpayer.

For a copy of the Decision Impact Statement, go here


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