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Section 8-1: Making certain that you receive what you are entitled to paper
Published on 06 Apr 06 by NATIONAL EVENTS, TAXATION INSTITUTE OF AUSTRALIA
Section 51 has been one of the most litigated provisions of our tax legislation. In 1997 it was replaced by section 8-1. This paper covers how these provisions have been interpreted and applied by the ATO and by the Courts since 1997 including consideration of:
- general deductibility - what has happened since 1997?
- demarcation or boundary issues with the remainder of the legislation
- timing of deductibility issues
- purpose and when it becomes relevant
- how does all this fit with the Consolidation Regime?
Author profile
Allan Blaikie CTA
Allan formerly headed up the Clayton Utz National Taxation Team. With over 40 years’ experience including over a decade as a Chartered Accountant, Allan advises leading Australian and international companies and high net worth individuals on a broad range of international and domestic tax matters. Allan has been involved in the successful conduct of several landmark Australian tax cases particularly in the area of tax treaty interpretation. He has also led large multi-disciplinary teams in the conduct of Australian and international tax audits and reviews. Allan also provides oversight on large taxation engagements undertaken by corporate tax departments, auditors etc. His practice also extends to undertaking sensitive matters for governments and government authorities in the area of taxation. - Current at 04 January 2018
This was presented at 21st National Convention: Beyond the Sea .
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Section 8-1: Making certain that you receive what you are entitled to
Author(s): Allan W BLAIKIEMaterials from this session:
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A new relationship with the tax profession
Author(s): Michael D'ASCENZOMaterials from this session:
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Understanding your trust deed
Author(s): John CIARDULLI, Rob JEREMIAHMaterials from this session:
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Effective implementation of a tax plan
Author(s): AH (Tony) SLATERMaterials from this session:
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Debt equity rules: emerging issues
Author(s): Ernie CHANGMaterials from this session:
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Capital allowances
Author(s): Michael HENNESSEYMaterials from this session:
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Non-resident beneficiaries - income tax
Author(s): Terry MURPHYMaterials from this session:
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International tax reform - three years on
Author(s): Richard SHADDICKMaterials from this session:
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Intangible property
Author(s): Roan FRYERMaterials from this session:
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Should you be moving on from Service Trusts?
Author(s): William (Bill) D THOMPSONMaterials from this session:
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"Market Value" - important, relevant, critical
Author(s): Jim MCMILLANMaterials from this session:
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The tax consequences of Employee share plans
Author(s): Sarah BERNHARDTMaterials from this session:
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Superannuation - Current issues in the contributions phase
Author(s): Allan MCPHERSONMaterials from this session:
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Expanding your business offshore
Author(s): Con TRAGAKISMaterials from this session:
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GST and property
Author(s): Graeme COTTERILLMaterials from this session:
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You've worked hard to earn it; Keeping it is even harder - Structuring for asset protection
Author(s): Mark WESTMaterials from this session:
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The major continuing compliance issues for ATO on Consolidations
Author(s): Peter COAKLEYMaterials from this session:
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The anti-avoidance provisions other than Part IVA - How relevant are they to your property dealings?
Author(s): Mark ROBINSONMaterials from this session:
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Tax Traps for SME loans
Author(s): Andrew O'BRYANMaterials from this session:
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Will my deductions be disallowed under Division 16D or s51AD or the new rules replacing them?
Author(s): Michael WILEYMaterials from this session:
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What is "best practice" for Practice Management?
Author(s): Neil EARLEMaterials from this session:
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The current imputation system - Traps and opportunities
Author(s): Jane MADDENMaterials from this session:
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Property Syndication - The Income Tax and GST Issues
Author(s): Lachlan R WOLFERSMaterials from this session:
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How fixed is your trust - can you assume that it will survive a change of the ATO's present view?
Author(s): Karen ROOKEMaterials from this session:
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Professional Liability - Minimising the risk of adverse civil consequences for tax practitioners
Author(s): Jennifer BATROUNEYMaterials from this session:
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Living with ROSA - implications of the self-assessment changes for tax practitioners
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CGT - old chestnuts and emerging issues
Author(s): Gordon S COOPERMaterials from this session:
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