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On 20 August 2009, the ATO issued Practice Statement PS LA 2009/7 entitled "Approach to certain trust issues involving Division 6 of Part III of ITAA 1936 pending resolution of the Bamford litigation". The purpose of the Practice Statement is to advise staff of the approach to be taken in respect of compliance activities, assessments, administrative penalties, interest charges, collections, rulings, and objections and appeals involving the meaning of the expressions "income of the trust estate" and "share" in s 97 of ITAA 1936.

The Practice Statement states, at paras 66-67:

"Both the taxpayers and the Commissioner have filed applications for special leave to appeal to the High Court from the decision of the Full Court of the Federal Court in the matter of Bamford [2009] FCAFC 66. The Tax Office will be test case funding the taxpayers'special leave application and, if leave is granted, their substantive appeal.

The decisions by the taxpayers and Commissioner to seek special leave to appeal to the High Court make it desirable in the interests of good administration for the Commissioner to communicate his approach to the application of Division 6 pending resolution of the issues before the Court in Bamford."

For a copy of  PS LA 2009/7, go here


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