Published on 06 May 09
by VICTORIAN DIVISION, THE TAX INSTITUTE
This presentation examines the outcomes of the Full Federal Court decision in Commissioner of Taxation v Star City Pty Limited, which allowed the Commissioner's appeal from the Federal Court's decision at first instance, considering the implications arising from the judgement which include:
- how does a taxpayer characterise what payments are "really for"?
- when should payments be characterised solely by reference to ancillary or extrinsic material?
- and what is the effect of Jessup J's observation that salary and wages can be on capital account?
Simon Steward QC
Simon is a barrister who specialises in revenue law. Simon took Silk in 2009. He has appeared in numerous cases in the Federal and High Courts, including the recently heard Chevron matter and the BHP Billiton Finance, Noza Holdings, SNF, Roche, WR Carpenter, Bluebottle, McNeil, Citylink and Sun Alliance cases. Simon is also a Senior Fellow in the Melbourne University Faculty of Law and is the immediate past President of the Tax Bar Association. Current at 08 March 2016
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