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Substance versus form: the ATO approach: 1

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Published on 19 Mar 97 by NATIONAL EVENTS, TAXATION INSTITUTE OF AUSTRALIA

This convention paper refers to the repeated references to 'form and substance' by the High Court in FC of T v Spotless 96 ATC 5201 which have raised questions of the interplay between the form of a transaction or provision and its substance.

Author profile

Michael D'Ascenzo
Michael D’Ascenzo AO has been recognised internationally for his leadership and expertise in taxation, administration, governance and policy. Michael was Commissioner of Taxation from January 2006 to December 2012, where he championed values that put taxpayers and the community at the centre of ATO thinking. In January 2010, he was appointed an Officer of the Order of Australia for service to public administration, and in 2012 he received the Chartered Accountants’ Federal Government Leader of the Year Award. Michael has been a member of the Foreign Investment Review Board, a non-executive director of Australia Post and a member of the Clean Energy Regulator. In addition, Michael has been active in assisting the modernisation of fiscal systems and tax administrations internationally, bringing his expertise to bear in assisting global fiscal stability. Michael is an adjunct professor at UNSW and has been a professorial fellow at the University of Melbourne. Michael is a Fellow of the Australian Institute of Company Directors; Fellow and Life Member of Certified Practising Accountants; a member of Chartered Accountants Australia and New Zealand; and a Fellow of the Australian Risk Policy Institute. - Current at 29 August 2023
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