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Goodwill and taxation issues

Published on 01 Feb 08 by "THE TAX SPECIALIST" JOURNAL ARTICLE

This article is based on a paper given at the Taxation Institute’s annual Tax Intensive Retreat in August 2007. It considers the legal meaning of goodwill and thereafter identifies sources of goodwill such as licences, marks, and designs. The discussion of assets as sources of goodwill leads to a discussion of Div 40 and subsequently to the application of CGT to goodwill. There is detailed discussion of a number of cases on goodwill (especially Murry) including the sometimes fictional attempts made at goodwill licensing (such as in the Just Jeans case). The final part of the article considers goodwill and comparative aspects of CGT’s application to know-how and show-how.

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Michael WALPOLE

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