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Capital vs Income


This seminar paper covers topics inluding:
- The mere realization v isolated business border - where does the border lie now?
- What tests do the Courts apply to determine whether a receipt is capital or income?
- Subdivision, limited development and sale after Whitfords Beach
- Some common problems putting income tax and CGT together - where are the gaps and the double-counting problems?
- Tax accounting for property developments - how do the CGT and income tax rules differ?
- Problems with taxing undissected receipts - what happens when income and capital are mixed, and what happens when two kinds of capital receipt are mixed?
- Gains and losses on liabilities - what does Orica really mean for my clients?

Author profiles

Prof Graeme Cooper FTI
Prof. Graeme Cooper, FTI, is Professor of Taxation Law at the University of Sydney and a consultant to Greenwoods & Herbert Smith Freehills. He is a former Chair of the New South Wales State Council of The Tax Institute and former member of the National Council. He has worked as a consultant to the ATO, Treasury, Board of Taxation, United Nations, OECD, World Bank, the International Monetary Fund and several foreign governments. He was admitted to legal practice in New South Wales and Victoria, and practised commercial law and tax in Sydney before entering teaching. He has taught in law schools in Australia, Europe and the United States, and holds degrees from the University of Sydney, University of Illinois and Columbia University, New York. - Current at 31 October 2019
Click here to expand/collapse more articles by Graeme S COOPER.
Click here to expand/collapse more articles by Rob O'CONNOR.


This was presented at Capital v Income .

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Capital v Income

Author(s):  Graeme S COOPER,  Rob O'CONNOR

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