Corporate distributions in light of recent developments presentation

Published on 11 Oct 07 by VICTORIAN DIVISION, THE TAX INSTITUTE

Recent cases have upset the conventional wisdom about the tax treatment of corporate distribution rights. This presentation places these decisions in context and explores current and future developments in corporate fund-raising with special reference to the following:

• what distributions are dividends under s6?
• what makes a dividend taxable under s44 after Condell?
• circumstances in which non-dividend distributions are taxable after the High Court’s decision in McNeil and the Governments consequent annoucement
• structuring rights issues.

Author profile

Richard Shaddick

Richard Shaddick FTIA is a Director of Greenwoods & Freehills in Melbourne. He has extensive experience in international taxation with his primary area of interest being the taxation of controlled foreign companies. Richard is a member of the Public Rulings Panel of the Australian Taxation Office. He is a former State & National Councillor of the Taxation Institute, and a former Australian President of the International Fiscal Association. He represented the Taxation Institute on the Tax Treaties Advisory Panel from 1997-2006. He is an occasional member of the GAAR Panel. - Current at 11 March 2009

More by Richard SHADDICK

• Controlled foreign companies – A modern approach paper - 10-February-2011
• Controlled foreign companies - A modern approach paper - 07-October-2010
• Thin capitalisation and transfer pricing paper - 09-February-2010
• Foreign income review paper - 12-March-2009
• Corporate distributions and fundraising in light of recent developments paper - 11-October-2007
• New CGT exposures and exemptions for non-residents paper - 17-March-2007
• Re-targeting capital gains tax for non-residents:Proposed Division 855 - 'Winners and Losers' - 01-August-2006
• International tax reform - three years on paper - 06-April-2006
• Thin Capitalisation/Cross Border Financing convention paper - 02-April-2004
• Distributions by corporate tax entities - 12-September-2002
• Thin capitalisation aspects of transfer pricing in Australia - 01-June-2001
• The next four months pre tax reform 'the way ahead' - what matters and what does not - 23-February-2001
• With-holding Arrangements - 30-August-2000
• New developments in cross border anti-avoidance - 22-August-2000
• Limited recourse debt ("LRD") - 07-October-1998
• Transferor trusts - 27-February-1998
• Controversial Tax Announcements - 12-September-1997
• Foreign tax credits - past, present and future seminar paper - 15-June-1996
• International taxes and structures - 24-May-1996

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