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Corporate residence: Has Esquire Nominees stood the test of time?

Published on 01 Nov 14 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

This article considers the timeliness of the decision in Esquire Nominees with regard to the test of central management and control when determining corporate residence in modern times. Given technological advancement allowing directors to attend virtual meetings from different parts of the world, it could be argued that the test is now outdated. Furthermore, Esquire Nominees was decided in the period when tax avoidance schemes thrived. One could argue that the case would be held differently if it were considered today.

Notwithstanding, this article argues that the peculiar facts relevant to Esquire Nominees, the Commissioner’s views in TR 2004/15, and recent judicial authority from various common law jurisdictions suggest that Esquire Nominees would be similarly decided if it were considered today.

Author profile:

Cindy Chan
Cindy is a tax writer at Wolters Kluwer, CCH. She contributes to various publications including Australian Master Tax Guide, Australian Federal Tax Reporter, Australian Tax Week and Australian Tax Monitor. Previously, she worked at Atax, University of New South Wales.
Current at 1 April 2015
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