Published on 01 Mar 10
by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE
Draft Practice Statement PS LA 3187 provides for a rule of thumb approach to determine allowable interest for Div 13 purposes. Such an approach is inconsistent with arguments recently put by the ATO to the High Court. The High Court has said that the internationally accepted arm’s length principle is the foundation of Div 13. A rule of thumb approach is not a proper application of the arm’s length principle.
Don is a Solicitor/Director with Becwell Legal Services Pty Ltd.