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Tax Case: The search for the Holy Grail
Published on 01 Feb 04 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE
'The ability of a private company employer to obtain unlimited deductions for contributions made to a superannuation fund benefiting employees who are directors and shareholders without either the trustee of the fund being liable to pay tax on the amounts contributed or the employer being liable to pay fringe benefits tax must be the holy grail for tax planners'.
It was with these almost sardonic words that Hill J, in the Federal Court's original jurisdiction, set the scene for his judgment in Walstern v Commissioner of Taxation [2003] FCA 1428.
Author profiles
Shayne Carter CTA
Shayne Carter, CTA, is a Partner in Nuwara’s Corporate Tax team. Shayne has a strong background in leading tax advisory practices (including 20 years as a Partner of Greenwoods and Herbert Smith Freehills) with deep knowledge and experience in the taxation of superannuation/ income streams and insurance products . He was formerly Adjunct Lecturer on Superannuation at the University of Sydney and lectured on superannuation in the Masters of Tax / Masters of Law course over a 20-year period. Shayne has dealt with all types of stakeholders in this space including Trustee Directors, Regulators (ATO and APRA), Treasury, Educational Institutions and Peak Body Groups. His knowledge, experience, problem solving ability and dedication to his clients sets him apart from other practitioners in this area. - Current at 05 November 2024
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