shopping_cart

Your shopping cart is empty

Section 100A and tax purpose

Member Price: $22.00
Non Member Price: $28.00

DisclaimerThis material is copyright. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.
Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

Published on 01 Jun 22 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

The view that tax purpose limits the extent of the “ordinary family and commercial dealing” exclusion from the meaning of “reimbursement agreement” in s 100A of the Income Tax Assessment Act 1936 is central to the views expressed in TR 2022/D1. This view is claimed to be supported by past case law. But a disciplined analysis of the exact words of s 100A in the context of the approach to statutory interpretation prescribed by the High Court, and past case law, raises serious questions over the correctness of this approach in TR 2022/D1.

Author profile

Mark West CTA
Photo of author, Mark WEST Mark West, CTA is a qualified as a lawyer, chartered accountant and chartered tax adviser, Mark provides advice across the spectrum of taxes. Mark assists with all legal matters involving taxation law. He advises on appropriate business or investment structures/restructures and on making applications for rulings from the ATO. He assists with tax audits and with related settlement negotiations with the ATO and State revenue authorities. He has acted for clients in tax cases before the Administrative Appeals Tribunal and the Full Federal Court. Mark been listed as a leading tax lawyer in Queensland by Doyles Guide and The Best Lawyers™ in Australia. - Current at 18 January 2024
Click here to expand/collapse more articles by Mark WEST.

 

Copyright Statement