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The Clough case – impact on taxpayer and where to from here podcast

Published on 06 Apr 22 by WESTERN AUSTRALIAN DIVISION, THE TAX INSTITUTE

This podcast covers:

  • The impact of the case on concepts of nexus and purpose
  • Whether there is a trend of the courts narrowing the scope of section 8-1? Or is the decision of narrow application based on
  • its facts?
  • What the decision means for taxpayers seeking to evidence a material deduction under section 8-1
  • Whether it could be assumed that a deduction over 5 years under section 40-880 would be available, given this wasn’t considered by the Court?

Author profiles

Fiona Beckett-Cooper
Fiona leads the EY Tax Controversy practice in Western Australia. Fiona is a lawyer who joined EY in 2018 after a 21 year career at the ATO where she represented the Commissioner of Taxation in tax disputes before the Federal Court of Australia, the High Court of Australia, various State courts and Tax Tribunals. She has litigated or provided legal advice on a range of topics and has developed a deep understanding of ATO practices and expectations. Since joining EY Fiona has assisted clients in responding to ATO requests for information, negotiating with the ATO to resolve disputes as early as possible and advising clients in relation to the conduct of the litigation of tax disputes. - Current at 13 January 2023
Mathew Chamberlain CTA
Mathew Chamberlain, CTA, is a partner at EY and leads the Perth International Tax Services team. A legal practitioner admitted in WA and NSW, he has more than 32 years’ experience in international tax, focusing on the large multinational and corporate environments across Australia, the US, Europe, Asia-Pacific and Africa. Mathew specialises in international tax reform, foreign investment into Australia and outbound investment from Australia. A long-time member of The Tax Institute, Mathew has presented at numerous national and state conventions on international tax issues and has also lectured on tax law at UWA and Curtin. Mathew has also led and participated in a number of government and ATO initiatives, working groups etc. on international tax law and policy issues affecting Australian inbound and outbound investment, including most recently submissions to and liaisons with government on corporate tax residency, the new thin capitalisation and debt deduction creation rules and the treatment of taxpayers in the oil and gas services and shipping industries. - Current at 01 November 2024
Click here to expand/collapse more articles by Mathew CHAMBERLAIN.

 

This was presented at WA Tax Forum .

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