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28 Apr 1111 Decision Impact Statement - White

On 28 April 2011, the ATO issued a Decision Impact Statement in relation to the Federal Court decisions in FCT v White [2010] FCA 730; 2010 ATC 20-195 and  FCT v White (No 2) [2010] FCA 942; 2010 ATC 20-205. The case concerned whether amounts paid to an employee incentive trust were assessable to a shareholder/director of the employer company, and whether an administrative penalty of 50% for recklessness was excessive.

The Decision Impact Statement says that the Federal Court recognised that, based on the findings of fact made by the AAT, the payments made to the trustee of the incentive trust on behalf of the taxpayer were ordinary income derived by him from the provision of his services. The Court also recognised that the taxpayer was liable to a penalty under the former s 226H of ITAA 1936.


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