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Foreign exchange transactions: Current issues, tips and traps


After a long and troubled past, legislative clarification of the taxation of foreign exchange gains and losses for all manner of transactions was sought to be achieved with the introduction of Div 775 of the Income Tax Assessment Act 1997. Despite now being a part of our tax landscape for more than four years, Div 775 still causes angst. This article examines how Div 775 and administrative practices in relation to it have developed during its life and identifies key practical issues that remain a concern for many practitioners, highlighting tips and traps along the way. It concludes by considering what changes may be on the horizon for this area and what lessons we can take to the future.

Author profile

Fiona Dillon CTA
Fiona is an Assistant Commissioner in the ATO’s Tax Counsel Network. She is currently responsible for the strategic leadership of the ATO’s public advice and guidance and is a longstanding member of the ATO’s Public Rulings Panel. As Senior Tax Counsel, Fiona has been the ATO’s technical lead on a range of advice, litigation, reform and law design matters across a number of specialisations including trusts and Div 7A. - Current at 01 January 1900


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