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?
Current at 24 April 2012