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BHPB Finance Limited, the Commissioner of Taxation and a perverse view
Published on 01 Jun 10 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE
The Commissioner's argument to lift the corporate veil to treat a holding company as carrying on the business conducted by its subsidiary is dismissed as perverse. The tests for determining when an entity is carrying on a business of lending money is confirmed and the relevance of letters of comfort to an assessment of whether a debt is bad is considered. Division 243 and whether debt is non-recourse are also discussed.
Author profiles
Sue Williamson CTA-Life
Sue Williamson, CTA (Life) leads the Holding Redlich Melbourne Tax Risk Management and Disputes practice. She advises clients on tax risk management including tax governance and ensuring that clients have sufficient evidence to defend their positions. She has acted in various AAT, Federal Court, High Court and Supreme Court tax cases. Sue is also an accredited mediator and has assisted clients in resolving disputes using various ADR mechanisms. Sue was the President of The Tax Institute in 2008, has been a member of several advisory boards, has participated in many consultative forums and lectures in the University of Melbourne Masters of Law program. - Current at 04 July 2023
Ann-Maree Ventura FTI
Ann-Maree is a Lawyer with Clayton Utz. - Current at 01 June 2010
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