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Q&A - PSI, Part IVA & Mochkin's case - paper, rocks or scissors?

Published on 01 Jun 03 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

In previous Q & A's we have discussed the PSI rules contained in Part 2-42 of the 1997 Act and explained how to satisfy the tests contained in those rules. However, since the decision in Commissioner of Taxation v Mochkin, the Commissioner appears to want to nullify the relevance of the PSI rules.

Author profiles

Michael Parker CTA
Photo of author, Michael PARKER Michael Parker, CTA, is a Partner in the taxation section of Hall & Wilcox Lawyers. His practice focuses on tax disputes, domestic income tax issues including CGT and Division 7A, business sales, acquisitions and restructures and GST. Michael has extensive experience handling a broad range of taxpayer disputes, including disputes concerning the Small Business CGT Concessions, having acted for the taxpayers in White v FCT [2009] FCA 880, White v FCT [2012] FCA 109 and Altnot v FCT [2013] AATA 140, among other cases. Michael regularly consults to the Board of Taxation and Treasury including in respect of Division 7A, small business impediments and the small business CGT Concessions. He is a regular presenter for The Tax Institute. - Current at 26 October 2017
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Michael Parker CTA
Michael Parker, CTA, is a Partner in the taxation section of Hall & Wilcox Lawyers. His practice focuses on tax disputes, domestic income tax issues including CGT and Division 7A, business sales, acquisitions and restructures and GST. Michael has extensive experience handling a broad range of taxpayer disputes, including disputes concerning the Small Business CGT Concessions, having acted for the taxpayers in White v FCT [2009] FCA 880, White v FCT [2012] FCA 109 and Altnot v FCT [2013] AATA 140, among other cases. Michael regularly consults to the Board of Taxation and Treasury including in respect of Division 7A, small business impediments and the small business CGT Concessions. He is a regular presenter for The Tax Institute. - Current at 26 October 2017
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