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14 Sep 09 Decision Impact Statement - Lilyvale Hotel

The ATO has published a Decision Impact Statement in relation to the Full Federal Court decision in Lilyvale Hotel Pty Ltd v FCT [2009] FCAFC 21; 2009 ATC 20-094. The case concerned the application of the same business test to a taxpayer who, following a change in ownership, assumed control of the day to day running of its hotel previously conducted by a related entity. The Court held that the same business test was satisfied. The Commissioner states that the case "essentially involves the application of established principles to particular facts and the outcome of the case is not expected to have significant implications for the Commissioner's Rulings on the same business test, Taxation Rulings TR 1999/9 and TR 2007/2".

For a copy of the Decision Impact Statement, go here


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