Australian Tax Case Notes

The following are brief notes on recent Australian tax cases and commentaries of interest that could be of relevance in New Zealand. To read the note click on the case name or reference below.

Re Leggett & Ors and FCT (2007) 69 ATR 678 - Non deductibility of a subfranchise fee.

St George Bank Ltd v FCT (2008) 69 ATR 634 - Interest paid on funds raised to improve business structure not deductible.

Davison v New South Wales Bar Association (2007) 69 ATR 402 - Long term tax avoidance a basis for a barrister to be struck off.

Ridley v R (2008) 71 ATR 200 - Sentencing for serious GST fraud requires deterrence of high significance for breach of mutual community trust.

Re Martinazzo & FCT [2009] AATA 61 - Company loans treated as taxable income.

BHP Billiton Finance Pty Ltd v FCT [2009] FCA 276 - Group treasury company may deduct bad debts owed by group members.

FCT v Sydney Refractive Surgery Centre Pty Ltd [2008] FCAFC 190 - Defamation damages held not to be taxable income.