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Part IVA – How a case might be argued under the new provisions presentation

Published on 19 Feb 14 by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE

This presentation covers:

  • summary of issues
  • new Part IVA provisions
  • RCI Pty Ltd v Commissioner of Taxation - facts, assessments, primary Judge, Full Court
  • how would RCI be argued under the new Part IVA?
  • Futuris Corporation Limited v Commissioner of Taxation - facts, assessments, primary Judge, Full Court
  • how would Futuris be argued under the new Part IVA?

Author profiles:

Lawrence Magid CTA
Larry has been a Tax Partner at Allens for over 30 years. He specialises in corporate and international taxation including, in particular, financing issues, capital raising and company distributions. He has represented the Law Council of Australia in consultations with government on Part IVA (as well as on the NTLG Finance & Investment Subcommittee) and was a member of the Roundtable which advised Treasury on the amendments made to Part IVA in 2013. He was also a member of the Board of Taxation working group which conducted the post-implementation review of Div 974. Current at 08 March 2016 Click here to expand/collapse more articles by Larry MAGID.
 
Chloe Burnett ATI
Chloe is a Barrister at the New South Wales Bar. She practises mainly in tax but also in commercial and administrative law, and has appeared in a number of high-profile tax matters. Before joining the New South Wales Bar, Chloe practised as a solicitor at Allens and was the Associate to Hon. Justice Edmonds of the Federal Court. She has also worked for Macquarie Bank and for Slaughter & May in London. Chloe has been an Adjunct Lecturer at the University of Sydney Law School since 2006. Current at 01 June 2015 Click here to expand/collapse more articles by Chloe BURNETT.

Author Photo - Catherine Button
Catherine Button
Catherine is a Barrister at the Victorian Bar practising in tax and commercial law. Catherine has acted for a wide range of private and government clients (including the State of Victoria, the ATO and the ACCC) in the Supreme Court, the Federal Court, the VCAT and the AAT. She is the author of a book on international trade law, has published articles in journals including the Australian Bar Review, the Corporate and Securities Law Journal and taught contract law at the University of Oxford. Before coming to the Bar, Catherine was a Senior Associate in the Commercial Disputes division of Minter Ellison. Current at 18 October 2013
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