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The love has ended … but the tax debt lingers

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Published on 01 Apr 18 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

The recent decision of the Full Court of the Family Court in Tomaras & Tomaras and FCT has confirmed that one spouse can be substituted for another to meet a taxation debt to the Commissioner of Taxation. While it is uncontroversial in matrimonial matters that a party to a marriage may incur a taxation liability through tax minimisation measures for the benefit of the wealthier spouse, this case raises the question as to how the court’s decision may affect parties to matrimonial litigation where one spouse has outstanding taxation liabilities. This article explores the reasoning behind the court’s decision and its impact on parties, tax advisers and legal practitioners in the family law jurisdiction. This article also considers the implications of the decision for the future.

Author profiles

Scott Wedgwood
Scott is Principal at Barry.Nilsson. Lawyers.
Current at 1 April 2018
Click here to expand/collapse more articles by Scott Wedgwood.
Allison Caputo
Allison is a Senior Associate, with Barry.Nilsson. Lawyers.
Current at 1 April 2018
Click here to expand/collapse more articles by Allison Caputo.

 

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