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Shifting landscape of the distinction between capital and revenue podcast

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Published on 18 Oct 21 by NATIONAL DIVISION, THE TAX INSTITUTE

This podcast covers the recent cases on the question and provide insights on trends and where the jurisprudence is heading.

Author profiles

Angela Lee
Angela is a barrister at the Victorian Bar. She practices predominately in taxation law, acting for both taxpayers and the Commissioner of Taxation. She is a nationally accredited mediator. She is a lecturer in the GST subject at the University of Melbourne’s Melbourne Law School’s Masters program. Angela served as National Chair of the Law Council of Australia’s Business Law Section’s Tax Committee. - Current at 16 August 2023
Click here to expand/collapse more articles by Angela Lee.
Terry Murphy QC, CTA
Terry has focused on advising and appearing for taxpayer and revenue authorities in the Federal Court and High Court, and in alternative dispute resolution for over 30 years. He was appointed to be the Special Counsel to the Australian Taxation Office from 2008 to 2010 and was a Past President of the Tax Bar Association. Terry is a member of Taxation Subcommittee of the Law Council, Chair of the Tax Group Advisory Board, and a Senior Fellow of the University of Melbourne Law School. - Current at 30 August 2021
Click here to expand/collapse more articles by Terry MURPHY.

 

This was presented at The Tax Summit .

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Individual sessions

Unique COVID-19 Employment Tax issues

Author(s):  Hayley Lock,  Stacey Biggar

Materials from this session:

International transactions

Author(s):  Mathew CHAMBERLAIN,  Madeleine Ottaviano,  Adele Williams

Materials from this session:

Tax write offs versus accounting write offs in an instant asset write off world

Author(s):  Stuart Glasgow

Materials from this session:

Employee versus Contractor – when is it still important?

Author(s):  Matthew McKEE

Materials from this session:

How to structure professional practices

Author(s):  Corey BEAT

Materials from this session:

Justice Graham Hill Memorial Lecture 2021 - The Process of Tax Reform: The Why, The When and The What

Author(s):  Julianne JAQUES

Materials from this session:

Tax management of worker costs

Author(s):  George Bendall

Materials from this session:

Residency – Individuals – Part 2

Author(s):  Leanne Connor,  Neil Brydges

Materials from this session:

Mr Spock’s Guide to Division 7A – XC ZB CA ZD RB

Author(s):  Ron JORGENSEN

Materials from this session:

Risky Business – advisers acting on behalf of clients and their entities

Author(s):  Loreena Gillon

Materials from this session:

Multiple party investment trust structures – Part 1: Federal taxes

Author(s):  Daniel SMEDLEY,  Laura Spencer

Materials from this session:

Multiple party investment trust structures – Part 3: State Taxes

Author(s):  Steven PATERSON

Materials from this session:

How much should I pay myself for what I do?

Author(s):  Paul SOKOLOWSKI,  Yina Tang

Materials from this session:

SMSFs – the current state of play

Author(s):  Liz Westover

Materials from this session:

Consolidation for smaller clients

Author(s):  Michael CHARLES,  Lucy Goldwater

Materials from this session:

Retaining and rewarding employees post pandemic

Author(s):  Cameron BLACKWOOD,  Toby EGGLESTON

Materials from this session:

Pitfalls of private practice

Author(s):  Alistair Little

Materials from this session:

40 years of Part IVA – a mid-term scorecard

Author(s):  Eugene Wheelahan

Materials from this session:

Reconstruction or recharacterisation under transfer pricing – arguments for and against

Author(s):  David BOND,  Fiona DILLON,  Dioni Perera

Materials from this session:

Current issues in consolidation

Author(s):  Ellen Thomas,  Adam Vassilieff,  Joseph Sahyoun

Materials from this session:

BEPS Pillars 1 and 2 – the latest developments in international tax reform

Author(s):  David BRADBURY

Materials from this session:

The rise of tax governance in the world of ATO Justified Trust engagements

Author(s):  Chris Vanderkley,  Glenn Cooper

Materials from this session:

ATO and FIRB – are they one and the same?

Author(s):  Keir CORNISH,  Michael Parris

Materials from this session:

Arm’s length debt amount

Author(s):  David BELL,  Shahzeb Panhwar

Materials from this session:

Legal Professional Privilege – The Accountant’s concession – recent cases and ATO activity

Author(s):  Mia Clarebrough,  Louisa Andolfatto

Materials from this session:

The Division 328 threshold tests - more than small business gateways

Author(s):  Anna WILSON,  Andrew Brown

Materials from this session:

Promoter penalties

Author(s):  Arthur ATHANASIOU

Materials from this session:

Common issues and pitfalls in tax loss preservation and loss carry back

Author(s):  David W MARKS

Materials from this session:

Tax aspects of insolvency in the current settings

Author(s):  Cameron Shaw,  Aaron Dominish,  Matthew Vines

Materials from this session:

CGT Rollover review

Author(s):  Matt Ervin,  Stacey Hannam

Materials from this session:

Multiple party investment trust structures – Part 2: Superannuation (SMSF) issues

Author(s):  Philippa Briglia,  Philip BRODERICK

Materials from this session:

Contemporary cross-border issues with trusts and estates

Author(s):  Sally BRUCE

Materials from this session:

Family Trust Elections and the Family Court

Author(s):  Danielle Constantine,  Todd Want

Materials from this session:

Trusts and unpaid present entitlements (UPEs)

Author(s):  Paul HOCKRIDGE

Materials from this session:

CGT implications of the surrender of life interests

Author(s):  Peter BOBBIN

Materials from this session:

SMSFs – NALI and NALE in the “real world”

Author(s):  John Ioannou,  Andrew Butler

Materials from this session:

The new online world of our clients

Author(s):  Adrian CARTLAND

Materials from this session:

Cryptocurrencies and NFT tax treatment – current state of play

Author(s):  Will Fennell,  Joni PIROVICH

Materials from this session:

Cases update

Author(s):  Adam Craig

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Charity registration – what’s the purpose?

Author(s):  Anna Longley

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Are you dealing with a valid trust?

Author(s):  Linda Tapiolas

Materials from this session:

Capital versus revenue – expansion of the basic principles

Author(s):  Kathryn Bertram,  Julian Wan

Materials from this session:

Building trust with the ATO

Author(s):  Renae Ali,  Justin BYRNE,  Annemarie Wilmore

Materials from this session:

Tax treaties – benefits conferred? benefits denied?

Author(s):  David WATKINS

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Transfer Pricing – where to from here?

Author(s):  Kristen DEARDS,  Lorena Sosa

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Current issues and considerations with corporate tax residency

Author(s):  Elizabeth Cullinan,  Vicky Lin

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Intangibles and royalties – where are we heading?

Author(s):  Chris Ferguson

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Tax Policy & Advocacy update: A debate by our experts

Author(s):  Scott TREATT,  Andrew MILLS,  Robyn Jacobson,  Julie Abdalla

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Technology and taxation

Author(s):  Jimmy Nguyen

Materials from this session:

Structuring contractor arrangements

Author(s):  Adrian VARRASSO,  Wendy Lim,  Sasha Watkins

Materials from this session:

Tax Practitioner Board activity

Author(s):  Payne Karen,  Keith JAMES

Materials from this session:

ATO focus areas for the large market over the coming year

Author(s):  Rebecca SAINT

Materials from this session:

Shifting landscape of the distinction between capital and revenue

Author(s):  Angela Lee,  Terry MURPHY

Materials from this session:

Cost base issues

Author(s):  Louise Hickman

Materials from this session:

US and UK tax update session for Australian corporates

Author(s):  Stuart Landsberg,  Rob Hines

Materials from this session:

Developments in M&A

Author(s):  Darren McClafferty,  Sylvester Urban

Materials from this session:

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