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Tax cases: Metal Manufactures Ltd v Commissioner of Taxation 1999 FCA 1712: sale and leaseback held to be effective

Published on 01 Feb 00 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

The article compares the decision in the case of Metal Manufacturers Ltd v Commissioner of Taxation [1999] FCA 1712 (8 December 1999) with an earlier decision of the Federal Court in Eastern Nitrogen Ltd v Commissioner of Taxation [1999] FCA 1536 (5 November 1999). In the latter case deductions for payments made under a sale and leaseback arrangement were denied. It is expected that the losing parties in both cases will appeal against the decisions. In the interim, there is uncertainty how the Courts will interpret the effectiveness of such arrangements.

Author profile:

Annamaria Carey
Annamaria is a Senior Tax Writer with ATP. She has 20 years experience in tax, spanning publishing, the ATO, commerce and the tax profession. Annamaria has been involved in formal liaison with the ATO and Treasury on a number of Committees including the Consolidation Joint Design Team. She has recently published a textbook on 'Consolidations - The Adviser's Guide' and has addressed a number of forums on consolidations. Current at 18 May 2004 Click here to expand/collapse more articles by Annamaria CAREY.
 
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