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?
The Hon. Justice Steward was appointed a Judge of the Federal Court of Australia on 1 February 2018. Prior to his appointment to the Federal Court, Mr Steward was a Barrister who specialised in revenue law. Mr Steward took Silk in 2009, and appeared in numerous cases in the Federal and High Courts, including Sandini, Normandy Finance, Orica, Channel Pastoral, Ausnet, Rio Tinto and Chevron cases. He is also a Senior Fellow in the University of Melbourne Faculty of Law and is a past President of the Tax Bar Association.
- Current at
05 February 2018