Published on 06 May 2009
| Took place at RACV Club
Whether leading up to a 30 June year end or not, two recent Federal Court decisions provide important guidance
on key issues relevant to many facets of ongoing tax planning and current or future commercial arrangements that
cannot afford to be ignored by corporate taxpayers.
This event considerred these two tax cases.
Star City Pty Ltd v FCT: “Issues in characterisation”
Author(s): Simon STEWARD
This presentation examines the outcomes of the Full Federal Court decision in Commissioner of Taxation v Star City Pty Limited, which allowed the Commissioner's appeal from the Federal Court's decision at first instance, considering the implications arising from the judgement which include:
how does a taxpayer characterise what payments are "really for"?
when should payments be characterised solely by reference to ancillary or extrinsic material?
and what is the effect of Jessup J's observation that salary and wages can be on capital account?