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Case-law developments in section 8-1 paper
Published on 10 Oct 09 by VICTORIAN DIVISION, THE TAX INSTITUTE
In the past year there have been some potentially landmark developments in the interpretation of section 8-1 of the Income Tax Assessment Act 1997 (C'th). This paper analyses the implications of recent decisions in Malouf, Day, Spriggs & Riddell, St George and others and answers:
- whether there are any new principles emerging?
- is there a new test to satisfy the positive limb?
- has the capital exclusion been expanded?
- how wide should the factual survey be to provide a context for the outgoing?
- what are the trends and likely appeal outcomes?
Author profiles
Michael Clough FTI
Michael Clough, FTI, is a Partner at King & Wood Mallesons and has over 40 years experience advising Australian and foreign-owned clients on tax issues
which arise in the capital and debt markets, corporate transactions and resources and infrastructure sectors. On behalf of his clients, Michael has helped resolve many disputes with the ATO and also conducted numerous tax appeals and other related proceedings in the state, Federal and High courts and tribunals.
- Current at
29 January 2026
Ged O’SHAUGHNESSY
Ged works for Mallesons Stephen Jaques.Current at 5 July 2009
The Tax Institute is Australia's leading professional association and educator in tax providing the best resources, professional development and networks.