Source: Taxation In Australia Journal Article
Published Date: 1 Nov 2014
This article considers the timeliness of the decision in Esquire Nominees with regard to the test of central management and control when determining corporate residence in modern times. Given technological advancement allowing directors to attend virtual meetings from different parts of the world, it could be argued that the test is now outdated. Furthermore, Esquire Nominees was decided in the period when tax avoidance schemes thrived. One could argue that the case would be held differently if it were considered today.
Notwithstanding, this article argues that the peculiar facts relevant to Esquire Nominees, the Commissioner's views in TR 2004/15, and recent judicial authority from various common law jurisdictions suggest that Esquire Nominees would be similarly decided if it were considered today.
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