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The AAT has held that the taxpayer would be entitled to a deduction for franchise renewal fees that the taxpayer committed to pay to operate a Bendigo Bank branch under a community bank model, contrary to the Commissioner's ruling in response to a private ruling request.

However, the AAT held that the taxpayer would not be entitled to a deduction under s 40-880 ITAA 1997 for certain franchise establishment fees as they would be taken into account in working out a capital gain or loss upon extinguishment of the franchise: Inglewood and Districts Community Enterprises Limited and FCT [2011] AATA 607 (AAT, O’Loughlin SM, 31 August 2011).


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