*Re Murray and FCT – Taxpayer had home in Bali, before being arrested on a visit back to Australia – held not resident during visit/detained years [24]

Tax Month - November 2013

The AAT has held a taxpayer was not an Australian resident for tax purposes during the 2009 to 2011 income years. The Tribunal said there was little dispute about the underlying facts in the proceedings. In June 2006, after release from gaol for drug offences and having no assets, the taxpayer decided he had no future in…

*PTTEP Australasia (Ashmore Cartier) Pty Ltd v FCT – Determination of taxable profit under PRRTAA – crude price determined per contract [23]

Tax Month - November 2013

The Federal Court has determined the taxing point and consideration receivable by a taxpayer in relation to revenue it received from the sale of petroleum under the Petroleum Resource Rent Tax Assessment Act 1987 (PRRTAA). The Court said the taxpayer was a participant in, and operator of, the Jabiru Challis-Cassini petroleum project in relation to several…

*IOOF Holdings Limited v FCT – Retrospective effect of consolidation amendment applied for taxpayer with private ruling in abeyance [22]

Tax Month - November 2013

The Federal Court has dismissed the taxpayer’s appeal and confirmed the decision of the AAT at first instance in AAT Case [2013] AATA 239, Re IOOF Holdings Limited and FCT that for the purposes of undertaking its review of the Commissioner’s deemed disallowance of the taxpayer’s objection against the Commissioner’s failure to make a private…

*Hua Wang Bank Berhad & Ors v FCT (No 15) – Wickenby case: Court restricts use of evidence on basis of self-incrimination [21]

Tax Month - November 2013

The Federal Court has granted 2 men certificates under the Evidence Act 1995 (Cth) in respect of evidence given by them in other proceedings. The certificates were to take effect on and from 2 October 2013. In its 8 October 2013 decision in Hua Wang Bank Berhad & Ors v FCT (No 9) [2013] FCA 1022, the Federal Court…

*FCT v AAT and Cancer and Bowel Research Association Inc as trustee for the Cancer and Bowel Research Trust – DGR status: AAT ‘decision’ to remit matter to Commissioner for reconsideration not appealable as its not final [20]

Tax Month - November 2013

The Full Federal Court has unanimously dismissed the Commissioner’s appeal from the “decision” of the AAT in AAT Case [2013] AATA 336, Re Cancer and Bowel Research Association Incorporated as trustee for Cancer and Bowel Research Trust and FCT to remit to the Commissioner for further consideration the questions of whether the taxpayer was entitled…

*Shepherd Australia Ltd v FCT & Anor – taxpayer denied leave to appeal decision that it was not entitled to be endorsed as a DGR [18]

Tax Month - November 2013

The High Court heard the following applications for special leave to appeal on Fri 8.11.2013: Sea Shepherd Australia Ltd v FCT – the High Court refused the taxpayer special leave to appeal to against the Full Federal Court decision in Sea Shepherd Australia Ltd v FCT & Anor [2013] FCAFC 68. In that case, the…

*Sanctuary Lakes Pty Ltd v FCT – taxpayer denied special leave to appeal decision that it was not entitled to deductions totaling $18m for golf resort [17]

Tax Month - November 2013

The High Court heard the following applications for special leave to appeal on Fri 8.11.2013: Sanctuary Lakes Pty Ltd v FCT – the High Court refused taxpayer special leave to appeal against the decision in Sanctuary Lakes Pty Ltd v FCT [2013] FCAFC 50. The Full Federal Court decision had unanimously dismissed the taxpayer’s appeal…