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18 Nov 2021 Cases Corner

Appeals update – Mussalli v Commissioner of Taxation: Upfront capital payments not deductible

The High Court has rejected the taxpayer’s special leave application to appeal the decision of the Full Federal Court in Mussalli v Commissioner of Taxation [2021] FCAFC 71. In that case, the Full Federal Court found that payments described as ‘prepaid rent’ by a McDonald’s franchisee were capital in nature and therefore not deductible.

Members may wish to refer back to TaxVine 20 (4 June 2021), where we included an article by ATO Assistant Commissioner, Ash Khera, on the Mussalli case.

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