The distinction between capital and income receipts
Author(s): Rob O'CONNOR This seminar paper discusses: why the difference between capital and income receipts still matter, what tests have the Courts applied to distinguish between capital and income receipts, what tests are currently in the ascendancy, CGT discount regime and CGT small business concessions, property transactions, share transactions and lease inducements.
Author(s): Dr Michael DIRKIS This seminar paper evaluates the new general value shifting regime, and looks at the former rules and where they have gone, and whether there is something bigger and better ahead?
Author(s): Gordon THRING This seminar paper discusses demergers and corporate reconstructions, including: what the policy is behind demerger relief, CGT implications of shareholders and companies, definition of demergers dividend and requirements for exemption, tax accounting for demerger transactions, implications for multinational groups, interaction for multinational groups, interaction with the consolidation and general value shifting regimes.
Author(s): Tony BAXTER, Mark FRIEZER, Damien L LOCKIE, Peter MURRAY This seminar paper presents a workshop on what is an acceptable demerger in terms of the tests laid out in the proposed legislation. In particular, they will consider issues around proportionality, the ownership/active business requirements, the likely position of non-resident shareholders, and relief from CGT 'J' events.
Author(s): Tony FROST This seminar paper discusses foreign currency gains and losses, including: what is wrong with the current law and administration, interaction between Division 3B, CGT and general income tax rules, what is the likely scope of the legislation to give effect to the Budget announcements on this topic, revenue/capital characterisation, timing and hedging rules.